CLA-2:CO:R:C:M 953111 JAS
Mr. Bill Hammons, Jr.
Cortez Customhouse Brokerage Company
4950 West Dickman Road
Battle Creek, Michigan 49015
RE: Automotive Control Cables; Stranded Cable Cut to Length
and Fitted With Fittings; Heading 7312; HQ 950599 Revoked
Dear Mr. Hammons:
In a letter dated October 11, 1991, on behalf of Hi-Lex
Corporation, Battle Creek, you inquired as to the tariff
classification of ceratin automotive control cables from Japan.
We replied to your request on February 7, 1992 (HQ 950599),
and held that these cables were provided for in subheadings of
heading 7312, a provision for ropes, cables and cordage other
than stranded wire, fitted with fittings or made up into
articles.
FACTS:
The four (4) sample control cables were designated numbers
4CW942300, 4VF0777, 4NK0366, and 5HZ5919. The description of
these cables in HQ 950599 is incorporated by reference herein.
ISSUE:
Whether the sample cables are parts and accessories of motor
vehicles of heading 8708.
LAW AND ANALYSIS:
Section 1204 of Public Law 100-418, the Omnibus Trade and
Competitiveness Act of 1988, enacted the Harmonized Tariff
Schedule of the United States. This tariff has as its basis the
International Convention on the Harmonized Commodity Description
and Coding System (HS). Article 6 of that Convention established
the Harmonized System Committee (HSC), which is comprised of
representatives of the contracting parties who meet twice each - 2 -
year to consider issues of interpretation of the HS Convention.
The HSC recently examined this classification issue and
determined that by virtue of their specific length and thickness
and special fittings which allowed them to be used solely in
vehicles, automotive cables of the type in issue here have
assumed the character of articles of heading 8708, a provision
for other parts and accessories of vehicles of headings 8701 to
8705.
While the HSC decision is not binding on the Customs
Service, upon further consideration of the issue Customs intends
to follow the Committee's decision.
HOLDING:
Under the authority of General Rule of Interpretation (GRI)
1, Harmonized Tariff Schedule of the United States (HTSUS),
automotive control cables the subject of your classification
request of October 11, 1991, are provided for in heading 8708.
Actual classification of this merchandise is in subheading
8708.99.50, HTSUS, other parts and accessories of the motor
vehicles of headings 8701 to 8705. The rate of duty on this
merchandise from Japan is 3.1 percent ad valorem.
EFFECT ON OTHER RULINGS:
Under the authority of section 177.9(d), Customs Regulations
(19 CFR 177.9(d)), HQ 950599 is revoked. This revocation is
directed to you as representative for Hi-Lex Corporation.
Sincerely,
John Durant, Director
Commercial Rulings Division