HQ 953799

MAY 5 1994

CLA-2:CO:R:C:M 953799 JAS

Mr. Dennis Heck
Tower Group International, Inc.
5420 West 104th. St.
Los Angelos, CA 90045-6069

RE: Motorcycle Cables; Brake Cable, Choke Cable, Clutch Cable, Head Lamp Adjustment Cable, Side Stand Switch Cable, Speedometer Cable, Tachometer Cable, Starter Cable, Throttle Cable; Stranded Wires and Cables, Heading 7312; Section XVI, Note 1(l); HSC Document 37.700 Annex G/14; HQ 953111; HQ 954102 Modified Dear Mr. Heck:

In your letter of March 25, 1993, on behalf of Kawasaki Motors Corp., you inquire as to the tariff classification of certain control cables from Japan for use on non-electric motorcycles. Drawings were submitted.

FACTS:

The articles in issue are brake cables, choke cables, clutch cables, head lamp adjustment cables, starter cables, side stand switch cables, opening throttle cables and closing throttle cables. There are various types of each cable, all of which are push-pull types, of stranded wire, some of carbon steel, with fittings at one or both ends. In addition, there are also speedometer and tachometer cables which, unlike the others, are flexible rotating wires encased in a protective metal casing. They transmit rotary motion of the wheels to a gear mechanism inside the speedometer or tachometer where it appears on an analog readout. The drawings suggest these cables are suitable for use principally with motorcycles.

You cite HQ 953111 as authority for classifying these cables in subheading 8714.19.00, Harmonized Tariff Schedule of the United States (HTSUS), as other parts and accessories of motorcycles of heading 8711. A previous ruling to you, HQ 954102, dated March 15, 1994, held, in part, that cables for speedometers on Kawasaki's non-electric utility vehicle, the - 2 -

Mule, were classifiable in subheading 9029.90.80, HTSUS, as other parts of speedometers. The provisions under consideration are as follows:

7312 Stranded wire, ropes, cables, plaited bands, slings and the like, of iron or steel, not electrically insulated:

Ropes, cables and cordage other than stranded wire:

7312.10.50 Of stainless steel fitted with fittings or made up into articles...5.7 percent

* * * * *

7312.10.70 Other, fitted with fittings or made up into articles...5.7 percent

* * * * *

8409 Parts suitable for use solely or principally with the engines of heading 8407 or 8408:

8409.91.99 Other...3.1 percent

* * * * *

8511 Electrical ignition or starting equipment of a kind used for spark-ignition or compression-ignition internal combustion engines; parts:

8511.90 Parts:

8511.90.60 Other parts...3.1 percent

* * * * *

8714 Parts and accessories of vehicles of headings 8711 to 8713:

8714.19.00 Of motorcycles: Other...4.2 percent

ISSUE:

Whether these cables, or any of them, are articles of heading 7312; whether they have assumed the character of articles of other headings. - 3 -

LAW AND ANALYSIS:

Merchandise is classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) in accordance with the General Rules of Interpretation (GRIs). GRI 1 states in part that for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes, and provided the headings or notes do not require otherwise, according to GRIs 2 through 6.

The Harmonized Commodity Description And Coding System Explanatory Notes (ENs) constitute the Customs Cooperation Council's official interpretation of the Harmonized System. While not legally binding on the contracting parties, and therefore not dispositive, the ENs provide a commentary on the scope of each heading of the Harmonized System and are thus useful in ascertaining the classification of merchandise under the System. Customs believes the notes should always be consulted. See T.D. 89-80, 54 Fed. Reg. 35127, 35128 (Aug. 23, 1989).

Relevant ENs, at p. 1023, state that heading 73.12 includes the named articles, whether or not covered with textiles, plastics, etc., and whether or not they are cut to length, or fitted with hooks, spring hooks, swivels, rings, thimbles, clips, sprockets, etc., provided they do not thereby assume the character of articles of other headings. HQ 953111, dated January 4, 1993, which you cite, referenced and is in harmony with a classification opinion rendered by the Harmonized System Committee (HSC), which holds, in part, that automotive hand- brake cables similar in configuration to the ones in issue here, are to be classified in subheading 8708.39, HTSUS, because they had assumed the character of goods of that heading.

Under the principles of HQ 953111, the choke cables and throttle cables for gas engine carburetors are considered parts of spark-ignition engines of heading 8407. They are classifiable in heading 8409 as parts of such engines.

The starter cables are principally used with electrical ignition or starting equipment of a kind used for spark-ignition internal combustion engines. Therefore, they are considered parts of heading 8511.

Because of their design and manner of operation, the speedometer and tachometer cables are akin to goods of heading 8483 in that they are mechanical parts for transmitting rotary motion. Such articles would ordinarily be classified in that heading. Section XVI, Note 2(a), HTSUS. However, in this case because they are designed for use solely or principally with motorcycles of section XVII, they are excluded from chapter 84. Section XVI, Note 1(l), HTSUS. The brake cables, clutch cables, - 4 -

head lamp adjustment cables, and side stand switch cables are goods of heading 8714 because they are parts principally used with motorcycles of heading 8711.

HOLDING:

Under the authority of GRI 1, the choke cables and throttle cables are provided for in heading 8409. They are classifiable in subheading 8409.91.99, HTSUS.

The starter cables are provided for in heading 8511. They are classifiable in subheading 8511.90.60, HTSUS.

The brake cables, clutch cables, head lamp adjustment cables, side stand switch cables, speedometer cables and tachometer cables are provided for in heading 8714. They are classifiable in subheading 8714.19.00, HTSUS.

EFFECT ON OTHER RULINGS:

Under the authority of section 177.9(d)(1), Customs Regulations, HQ 954102, dated March 15, 1994, is modified with respect to the speedometer cables.


Sincerely,


John Durant, Director
Commercial Rulings Division