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NY 817849





December 27, 1995

CLA-2-87:RR:NC:MA:817849 101

CATEGORY: CLASSIFICATION

TARIFF NO.: 8703.23.0038

Mr. Michael J. Boland
Ransomes Cushman Ryan
900 North 21st Street
P.O. Box 82409
Lincoln, NE 68501-2409

RE: The tariff classification of a passenger van from China.

Dear Mr. Boland:

In your letter dated November 27, 1995 you requested a tariff classification ruling.

The item is a four cylinder passenger van, the Varica Van, which is configured with eight passenger seats. The model number for the van is CM6508X8.

The van has a spark ignition engine and an internal volume of 5.28 square meters. The van has a speed governor which will restrict top speed to 24 miles per hour. By telephone conversation with National Import Specialist Robert DeSoucey you have stated that the use of this van will be restricted to resorts and golf courses. It will not be used on public roads nor will it be licensed for such use.

The applicable subheading for the passenger van will be 8703.23.0038, Harmonized Tariff Schedule of the United States (HTS), which provides for station wagons and passenger vans with a spark ignition type engine and with an interior volume exceeding 3.4 square meters. The rate of duty will be 2.5 percent.

Beginning January 01, 1995, the rate of duty will be 2.5 percent.

You have told Mr. DeSoucey that you will personally make arrangements with the Environmental Protection Agency and the Department of Transportation Motor Vehicle Safety Administration regarding the regulations of these agencies.

This ruling is being issued under the provisions of Section 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 212-466-5667.

Sincerely,

Roger J. Silvestri
Director

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