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NY K87586




July 8, 2004
CLA-2-87:RR:NC:MM:101 K87586

CATEGORY: CLASSIFICATION

TARIFF NO.: 8703.90.0000

Ms. Stacy Bauman
American Shipping Company Inc.
140 Sylvan Avenue
Englewood Cliffs, New Jersey 07632

RE: The tariff classification of Battery Powered Electric Cars from China

Dear Ms. Bauman:

In your letter dated July 1, 2004 you requested a tariff classification ruling on behalf of your client S. Shamash and Sons Inc.

You submitted descriptive literature on two Battery Powered Electric Cars. You state that these vehicles are street legal and range in speed from 25 mph to 75 mph. The vehicles have a battery driving range from 50 miles to 155 miles depending on the model of the vehicle. The vehicle will be imported as a complete vehicle and there will not be any assembly required. The two models you are requesting classification advice on are:

The “Happy Messenger” - 2 types - The dimensions are: length 3395 mm x width1475 mm x height 1695mm. The curb weight will be 1050 kg and 984 kg. The maximum speed will be 55 mph and 25 mph. The driving range will be 150 miles and 50 miles. Both will have lamps and lights, rearview mirrors, safety belts, windshield wipers, front and rear safety glass, no air conditioner. Both are powered by electric motors. The “Xiali 2000” - 3 types (XL-1 EV, XL-2 EV, XL-3 EV) - The dimensions are: length 4145mm x width 1660 mm x height 1510 mm (the XL-3 height 1520 mm). The curb weight will be 1300 kg, 1200 kg, and 1200 kg. The maximum speed will be approximately 75 mph. The driving range will be 230 miles and 150 miles. All are powered by electric motors. You do not indicate what equipment will come with these vehicles (lamps, lights, rearview mirrors, safety belts, etc.).

The applicable subheading for the Battery Powered Electric Cars will be 8703.90.0000, 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), including station wagons and racing cars: Other. The rate of duty will be 2.5% ad valorem.

Motor vehicles imported into the United States must comply with the safety regulations of the U.S. Department of Transportation (DOT) and the air emissions regulations of the U.S. Environmental Protection Agency (EPA). If you have any questions concerning these regulations, it is suggested you contact these agencies. The DOT is located at 400 Seventh Street, S.W., Washington, D.C. 20590; the EPA is located at 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 646-733-3008.

Sincerely,

Robert B. Swierupski
Director,

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