HQ 954102
MARCH 15 1994
CLA-2:CO:R:C:M 954102 JAS
Mr. Dennis Heck
Castelazo & Associates
5420 West 104th. Street
Los Angeles, CA 90045-6069
RE: Control Cables for Non-Electric Utility Vehicle;
Throttle Cable, Parking Brake Cable, Speedometer Cable;
Stranded Wire, Ropes and Cable, Heading 7312; HQ 953111,
HQ 954104, HQ 954173
Dear Mr. Heck:
In a letter dated March 25, 1993, on behalf of Kawasaki
Motor Corp., you inquire as to the tariff status of certain
cables used on their non-electric utility (Mule) vehicle.
Your inquiry mentions a number of cables used in various
applications on the 2 wheel and 4 wheel drive models. However,
only drawings and samples of the front parking brake cable, part
# 54005-1142, engine throttle cable, part # 54012-1338, and
speedometer cable, part # 54001-1151, accompanied your letter.
This ruling is therefore limited to these articles. The tariff
status of other Kawasaki cables are the subject of individual
ruling requests which we will respond to individually.
You cite HQ 953111, dated January 4, 1993, on similar
merchandise and conclude that cables represented by the submitted
samples are provided for as parts of heading 8704 vehicles. As
such, you believe they are classifiable in subheading 8708.99.50,
Harmonized Tariff Schedule of the United States (HTSUS).
FACTS:
Part #54005-1142 is approximately 11 inches long and
consists of stranded steel wires encased in hard rubber. One end
of the cable has a metal fitting threaded 1 1/2 inch from the end
that accommodates two (2) nuts. The other end has a 2 3/4 inch
long claw-like device attached perpendicular to the wire. Part #
54012-1338 is approximately 6 1/2 ft. long and consists of
stranded steel wires encased in hard rubber. One end has a - 2 -
threaded fitting with nuts similar to the first sample, but with
a accordion-like rubber piece with metal ferrule to keep it in
place. The other end is identical but with a soft rubber sleeve
about 1 ft. from the end and without the rubber piece. Part
#54001-1151 is nearly 5 ft. long and consists of stranded steel
wires inside a metal sleeve encased in hard rubber. There is a
metal fitting at each end over which a threaded metal end piece
slides for attaching the cable to another article.
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
* * * * *
8709 Works trucks, self-propelled, of the type
used in factories, warehouses, dock areas,
or airports for short distance transport of
goods;
8709.90.00 Parts [of the foregoing vehicles]...Free
* * * * *
9029 Speedometers and tachometers:
9029.90 Parts and accessories:
9029.90.80 Other...Free
- 3 -
ISSUE:
Whether the control cables in issue are articles of heading
7312; if not, whether by virtue of their special construction
they have assumed the character of articles of other headings.
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.
As a preliminary issue, the Mule utility vehicle is a
battery powered 4-wheel vehicle with open cab that houses the
driver and one passenger, and has either an 11.3 or 13.3 cu. ft.
open cargo bed in the rear. In HQ 954173, dated September 22,
1993, to you, we held that this vehicle is a works truck of
heading 8709.
For purposes of heading 8709, the expressions "parts" and
"parts and accessories" do not apply to parts of general use, as
defined in the legal notes to section XV. Section XVII, Note
2(b), HTSUS. Parts of general use are precluded from chapter 84.
Section XVI, Note 1(g), HTSUS. They are also precluded from
chapter 90. Chapter 90, Note 1(f), HTSUS. Throughout the tariff
schedule, the expression "parts of general use" includes articles
of heading 7312, among others. Section XV, Note 2(a), HTSUS.
Therefore, if the cables in issue are articles of heading 7312,
they are parts of general use and cannot be classified in heading
8708, or in any of the other cited provisions.
Relevant Harmonized Commodity Description and Coding System
Explanatory Notes (ENs), at p. 1023, state in part 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.
We have recently ruled that control cables similar to the
parking brake cable here, by virtue of their specific length and
thickness and their special end terminations which dedicate them
for use in vehicles of headings 8701 through 8705, have assumed
the character of articles of heading 8708; such cables,
therefore, are not provided for as "parts of general use" in
Section XV, and are not goods of heading 7312. HQ 953111, dated
January 4, 1993. This ruling referenced and is in harmony with a
classification opinion rendered by the Harmonized System - 4 -
Committee (HSC) which holds, in part, that automotive brake
cables similar in construction to the ones in issue here are to
be classified in subheading 8708.39, HTSUS. A more recent ruling
to you, HQ 954104, dated March 10, 1994, employed the same
rationale in holding that certain throttle control cables were
classifiable in subheading 8409.91.99, HTSUS, as other parts
suitable for use solely or principally with spark-ignition
internal combustion piston engines.
HOLDING:
Noting the rationale of the cited rulings, and the authority
of GRI 1, the front parking brake cable designated part #54005-
1442, is provided for in heading 8709. It is classifiable in
subheading 8709.90.00, HTSUS; the throttle cable designated part
# 54012-1338 is provided for in heading 8409. It is classifiable
in subheading 8409.91.99, HTSUS; and, the speedometer cable
designated part # 54001-1151 is provided for in heading 9029. It
is classifiable in subheading 9029.90.80, HTSUS.
Sincerely,
John Durant, Director
Commercial Rulings Division