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NY R04912




October 13, 2006

CLA-2-87:RR:E:NC:N1:101 R04912

CATEGORY: CLASSIFICATION

TARIFF NO.: 8703.24.0058, 8703.33.0045

Mr. David G. Forgue
Barnes, Richardson & Colburn
303 East Wacker Drive
Suite 1100
Chicago, IL 60601

RE: The tariff classification of Automotive Passenger Vans from Germany.

Dear Mr. Forgue:

In your letter dated 09/15/06 you requested a tariff classification ruling on behalf of your client Daimler Chrysler Corporation in auburn Hills, Michigan.

The merchandise consists of vans with two seat rows imported from Germany. Both gasoline-engine vans as well as diesel-engine vans will be imported.

You claim that both the gasoline and diesel vans are principally designed for the transportation of people. The transportation could be either for commercial purposes or private purposes. All vans are new and will be equipped either with gasoline or with diesel engines. The gasoline engine will be a six-cylinder engine with a displacement of 3,498 cc and the diesel engine will be a five-cylinder 2.7 liter turbo-diesel engine.

Additionally, the vans will be equipped with two rows of seats, which will allow for the seating of a total of six people. The seats will come with the standard equipment of seat belts and head rests. Additionally, all imported vans will come with side and roof panels and optionally may have side and rear windows. All vans will come with floors covered with rubberized slip-resistant material, a sliding side door, and independent front wheel suspension. The sliding door on all models has a sunken area for easy foot access, as well as a light to illuminate the sunken area. Finally, the vans may be imported with or without their rear seats in place. Regardless of whether the seats are in place, seat anchors will be set into the floor for easy seat placement.

The applicable subheading for the vans with gasoline engines will be 8703.24.0058, Harmonized Tariff Schedule of the United States (HTSUS), 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: Of a cylinder capacity exceeding 3,000 cc: Other: New: Having engines with more than 4 cylinders but not more than 6 cylinders: Of an interior volume exceeding 3.4 m3. The rate of duty will be 2.5 percent.

The applicable subheading for the vans with compression ignition engines will be 8703.33.0045, Harmonized Tariff Schedule of the United States (HTSUS), 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 compression-ignition internal combustion piston engine (diesel or semi-diesel): Of a cylinder capacity exceeding 2,500 cc: Other: New. The rate of duty will be 2.5 percent.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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