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NY C89518

July 1, 1998

CLA-2-84:RR:NC:MM:106 C89518


TARIFF NO.: 8431.49.9040; 8409.99.9990

Ms. Lynn S. Baker

Baker & McKenzie

One Prudential Plaza

130 East Randolph Drive

Chicago, Illinois 60601

RE: The tariff classification of control cables for hydraulic excavators and bulldozers from Japan.

Dear Ms. Baker:

In your letter dated June 23, 1998, on behalf of Komatsu America International Company, you requested a tariff classification ruling.

The articles in question are three cables used in hydraulic excavators and bulldozers.

The first cable, part no. 20Y-54-35994, is for a hydraulic excavator. It consists of stranded wire encased in polypropylene with a circumference of approximately 3/4 inches. Each end contains a metal fitting; one end is threaded with two brass nuts and a silver metal "stop" on the end. The other fitting consists of a horseshoe-shaped brass piece with a silver metal ball at the end. The cable is approximately 44 inches in length. You state that it is used in the operator's cab and it is connected from the door handle on one end to the door latch on the other end. When the lever is pulled, the cable releases the door latch.

The second cable, part no. 205-43-71162, connects to the fuel control lever of a hydraulic excavator. It consists of stranded wire encased in polypropylene. One end contains brass fittings and a metal spike about 12 inches in length. The fitting on the other end consists of brass threading with bolts and washers to which has been attached a concertina-like rubber tube. This fitting ends with a solid steel screw piece containing two bolts. This cable is approximately 130 inches long with a circumference of 1 1/2 inches. You state that one end is attached to the fuel control lever in the operators's cab and the other end is attached to the governor on the fuel pump.

The last cable, part no. 113-43-46310, connects to the decelerator pedal of a diesel-powered bulldozer. It is approximately 60 inches long and consists of stranded wire encased in polypropylene. Both ends are identical and consist of brass fittings around metal spikes. The circumference of the cable is approximately 1 inch. You state that the cable connects to the decelerator pedal on one end and to the throttle linkage on the other end. The pedal is pushed and the engine decelerates.

The applicable subheading for the control cables for a hydraulic excavator, part numbers 20Y-54-35994 and 205-43-71162, will be 8431.49.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for other parts of machinery of heading 8426, 8429 or 8430: other. The rate of duty will be 0.5 percent ad valorem.

The applicable subheading for the control cable for a bulldozer, part no. 113-43-46310, will be 8409.99.9990, HTS, which provides for other parts suitable for use solely or principally with the engines of heading 8407 or 8408.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist

Patrick J. Wholey at 212-466-5668.


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