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HQ 954102

MARCH 15 1994

CLA-2:CO:R:C:M 954102 JAS


TARIFF NO.: 8409.91.99, 8709.90.00, 9029.90.80

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).


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


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.


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.


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.


John Durant, Director
Commercial Rulings Division

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