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NY E89482




November 17, 1999

CLA-2-87:RR:NC:MM:101 E89482

CATEGORY: CLASSIFICATION

TARIFF NO.: 8703.33.0045

Mr. Jim Gavett
Director-Parts Sales
Getman Corporation
P.O. Box 70
Bangor, Michigan 49013

RE: The tariff classification of The Nipper Personnel Carrier from Australia

Dear Mr.Gavett:

In your letter dated September 28, 1999 you requested a tariff classification ruling.

You submitted a brochure of The Nipper - a motor vehicle principally designed for use in mines. This vehicle can be ordered with either a Personnel of "Ute" body option. You indicate that the vehicle you are requesting classification advice on is designed to transport eight persons including the driver. This motor vehicle uses a spark ignition internal combustion reciprocating Caterpillar Perkins 4.0-liter piston engine. This vehicle weighs 6750 lbs. The interior volume is 5.4 cubic meters.

The applicable subheading for the The Nipper Personnel Carrier will be 8703.33.0045, 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), including station wagons and racing cars: Other vehicles, with spark-ignition internal combustion reciprocating piston engine (diesel or semi-diesel): Of a cylinder capacity exceeding 2,500 cc:Other: New. The rate of duty will be 2.5% ad valorem.

· This vehicle is not subject to Quota or Visa restrictions. · This vehicle is not subject to anti-dumping or countervailing duties. · This vehicle must conform to United States safety, bumper, and emission standards as administered by the U.S. Department of Transportation (DOT) and the Environmental Protection Agency (EPA).

You may contact the U.S. Department of Transportation by telephone at 1-800-424-9393 or by writing to the National Highway Traffic Safety Administration (NSA-32), 400 7th Street, S.W., Washington, D.C. 20590.

You may contact the Environmental Protection Agency by telephone at (202) 564-9660 or by writing to the Environmental Protection Agency, Vehicle Programs and Compliance Division/Imports (6405-J), 401 M Street, S.W., Washington, D.C. 20460.

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.

Sincerely,

Robert B. Swierupski
Director,

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