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NY A89958




December 16, 1996

CLA-2-87:RR:NC:1:101 A89958

CATEGORY: CLASSIFICATION

TARIFF NO.: 8702.10.3000

Ms. Sandra L. Haupt
Tower Group International, Inc.
128 Dearborn Street
Buffalo, NY 14207-3198

RE: The tariff classification of an automotive bus from Portugal

Dear Ms. Haupt:

In your letter dated November 25, 1996, you requested a tariff classification ruling on behalf of Mercury GSE (I.R.S. #95-3874261) of El Segundo, California.

The item concerned is the COBUS; a bus which can hold up to 140 people, has a 130 h.p. Mercedes Benz OM 366 diesel engine, an Allison AT 545 automatic transmission, has 6 doors (each approximately 4 ft. wide), a lowered entrance height of approximately 10 inches, inside headroom of approximately 8 ft., a floor made of bolted aluminum profiles and an outside measurement of approximately 45 ft. in length, 9 ft. in width and 9 ft. in height.

You state that the COBUS is specifically designed to transport persons to-and-from airports, that it will be imported into the U.S. through the Port of Los Angeles, that it will be supplied to Mercury GSE by CONTRAC GMBH of Wiesbaden, Germany and manufactured by CONTRAC Portugal.

The applicable subheading for the COBUS will be 8702.10.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for Motor vehicles for the transport of ten or more persons, including the driver: With compression-ignition internal combustion piston engine (diesel or semi-diesel): Designed for the transport of 16 or more persons, including the driver. The rate of duty will be 2.7% ad valorem through 12/31/96. Beginning 1/1/97, the rate of duty will be 2.4% 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 212-466-5667.

Sincerely,

Roger J. Silvestri

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