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NY 892825

December 8, 1993

CLA-2-87:S:N:N1: 101 892825


TARIFF NO.: 8703.21.0000; 8704.31.00

Ms. Doris Harper
Fred P. Gaskell Company, Inc.
P.O. Box 3157
Norfolk, VA 23514

RE: The tariff classification of 3-wheel motor vehicles from Thailand

Dear Ms. Harper:

In your letter dated November 16, 1993, on behalf of Sasser Distributing Company, Goldsboro, NC, you requested a tariff classification ruling. You have submitted descriptive information. The imported articles are 3-wheel motor vehicles powered by 350 cc to 550 cc, one-cylinder engines. They are manufactured by Pholasith Tuk-Tuk Company Ltd. in Thailand.

The models are as follows:

TT-350-SPU-92, a compact pickup truck with a body that can be modified as required. The vehicle is powered by a 350 cc engine, and can carry 1,100 pounds of cargo.

TT-550-CPU-92, a compact pickup truck that is powered by a 550 cc engine. This model has railings that can be raised or lowered on each side of the cargo area. The vehicle can carry up to 2,640 pounds of cargo.

TT-350-SV-92, an enclosed body van that carries loads that may require protection from the environment. The vehicle is powered by a 350 cc engine and can carry loads of up to 1,100 pounds.

TT-550-LV-92, an enclosed body van that is powered by a 550 cc engine. The vehicle can carry loads of up to 2,200 pounds.

TT-350-SD-92, a 3-passenger vehicle that is powered by a 350 cc two-stoke engine. The vehicle has an open body (with a roof). Plastic sides that are used to protect passengers from the rain are standard equipment.

TT-Super-92, a 3-passenger vehicle used exclusively as a private vehicle. The vehicle has an open body (with a steel roof). This model is powered by a 350 cc engine.

TT-350-ESD-92, a 6 to 8-passenger vehicle that has three passenger compartments. The vehicle has an open body (with roof). This model is ideal for medium size family transport. The vehicle is powered by either a 350 cc two-stroke engine or a 550 cc four-stoke engine.

TT-350-TRS-92, an 8-passenger vehicle that has two compartments. The front compartment is for the driver and the rear compartment has opposing benches for passengers. The vehicle has an open body (with roof). This model is powered by a 350 cc engine.

Other features of the Tuk-Tuk vehicles include a single front wheel and a rear axle with two wheels, a transmission with four-forward and one-reverse speed, a dry type clutch, a rear drum brake, 12 volt battery, headlights, and full instrumentation in the cab area.

The applicable subheading for the models TT-350-SD-92, TT-Super-92, TT-350-ESD-92 and TT-350-TRS-92 will be 8703.21.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for motor cars and other motor vehicles principally designed for the transport of persons (other than those of heading 8702): with spark-ignition internal combustion reciprocating piston engines; of a cylinder capacity not exceeding 1000 cc. The rate of duty will be 2.5 percent ad valorem.

The applicable subheading for the models TT-350-SPU-92, TT-55-CPU-92, TT-350-SV-92 and TT-550-LV-92 will be 8704.31.00, HTS, which provides for motor vehicles for the transport of goods: other, with spark-ignition internal combustion piston engine; G.V.W. not exceeding 5 metric tons. The rate of duty is 25 percent ad valorem under subheading 9903.87.00, HTS.

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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