HQ 084746: Tension Wheels for Garage Door Openers

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

	HQ 084746

	FEB 13, 1990

  CLA2:CO:R:C:G   084746  JAS

  CATEGORY:  Classification

  TARIFF NO.: 8412.90.9080

  George R. Tuttle, Esq.
  Three Embarcadero Center
  Suite 1160
  San Francisco, California 94111

  RE:  Tension Wheels for Garage Door Openers

  Dear Mr. Tuttle:

       	In a letter to you, as counsel for The Banton Corporation,  dated May 2, 1989 (083447), we modified a New York ruling, dated December 21, 1988 (834293).  The subject of these rulings   was certain tension wheels for garage door lifting mechanisms.

       	Ruling 834293 held these tension wheels to be classifiable as shapes or sections of iron or steel prepared for use in   structures, in subheading 7308.90.9090, HTSUSA.  Ruling 083447
 modified ruling 834293 by holding that the tension wheels were  classifiable as other parts suitable for use solely or  principally with other lifting machinery.

       	We have reviewed the matter again and now find that the  garage door openers of which the tension wheels are parts are not lifting machinery of the kind described by heading 8428,
Harmonized Tariff Schedule of the United States (HTSUS).   Explanatory Notes to heading 84.12, the provision for other engines and motors, describe springoperated or weight operated
 motors as ...includ/ing/ mechanisms which, like clockworks, use  the energy produced by the release of woundup springs, or   which are operated by gravity...The motors of /heading 84.12/,
 particularly those of the spring driven type, are used to  operate a large variety of apparatus.  The evidence of record  indicates that the mechanical garage door openers here are springoperated motors of heading 8412, HTSUS, and that the  tension wheels in issue are parts used solely or principally  with such motors.

	- 2 -
  

  Tension wheels, the subject of New York ruling 834293, are  properly classifiable in subheading 8412.90.9080, HTSUSA, as  other parts of engines and motors.

       	New York ruling 834293, dated December 21, 1988, is hereby  modified accordingly, under the authority of section 177.9(d), Customs Regulations.

                              					Sincerely,

                              					John Durant, Director
                              					Commercial Rulings Division