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NY E89042

November 4, 1999

CLA-2-87:RR:NC:MM:101 E89042


TARIFF NO.: 8704.31.0020

Ms. Ruth Y. Chang
2600 Greenwood Terrace
Boca Raton, Florida 33431

RE: The tariff classification of the Wulung Motors Corporation, Model Cuite 1010PH Off-Road Vehicle from China

Dear Ms. Chang:

In your letter dated October 8, 1999 you requested a tariff classification ruling.

You submitted a photograph and technical data of the Wulung Motors Corporation, Model Cuite 1010PH Off-Road Vehicle. You indicate that the vehicle is an off-road utility vehicle. It is light weight, small size, equipped with a small spark-ignition gas engine and specifically used for golf courses, landscaping, ground maintenance, nurseries, farms, airports, etc. Its function is to transport people, lawn mowers, tools, material, trash, etc. off the road. Because of its light weight, turf tires, and its low speed, it can do the job that ordinary vehicles can't. The vehicle has large ratio gears in its transmission and differential, therefore, its normal working speed is under 20 mph. You indicate that some of the vehicles will be imported with a dump capacity of less than 40.8 metric tons.

· Engine: 4-stroke, spark-ignition, gasoline, 2-cylinder SOHC engine. · Transmission: Three speed manual, one reverse gear. · Cab: 2 seats.
· Dimensions: Overall length: 126.5"
Overall width: 54.9"
Overall height: 74.6"
Weight: 1474 lbs. (670 kg)
Wheelbase: 70.1"
· Maximum Speed: 20 mph.

The applicable subheading for the Model Cuite 1010PH Off-Road Vehicle with or without dump capacity will be 8704.31.0020, Harmonized Tariff Schedule of the United States (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 tonsG.V.W. not exceeding 2.5 metric tons. The rate of duty will be 25 % ad valorem.

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 Robert DeSoucey at 212-637-7035.


Robert B. Swierupski

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