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NY H87062




January 10, 2002

CLA-2-87:RR:NC:MM:101 H87062

CATEGORY: CLASSIFICATION

TARIFF NO.: 8709.19.0030

Ms. Trina M. Wood
John S. James Co.
P.O. Box 23885
Chattanooga, Tennessee 37421

RE: The tariff classification of Three-Wheel Vehicles Models 7Y-750, 7Y-950, 7YP-750 and 7YPJ-950 from China

Dear Ms. Wood:

In your letter dated January 2, 2002 you requested a tariff classification ruling.

You submitted photographs, brochure, and descriptive literature on the Julie Brand series three-wheel vehicles: Models 7Y-750, 7Y-950, 7YP-750 and 7YPJ-950.

All of the various models have three-wheels, a hydraulic tipping system for a rear cargo box, and a single cylinder diesel engine. These vehicles, you state, are intended for farm (off-road) use only. The maximum driving speed of all models is 50 km/hr (30 mph). Models 7Y-750 and 7Y-950 utilize a handlebar type of steering; while Models 7YP-750 and 7YPJ-950 utilize a steering wheel. The wheelbase of Models 7Y-750 and 7Y-950 vary from 2100 mm ~ 2800 mm (83 inches ~ 110 inches). The wheelbase of Models 7YP-750 and 7YPJ-950 vary from 2200 mm ~ 3100 mm (87 inches to 122 inches). Models 7Y-750 and 7Y-950 can have one passenger in the cab; while Models 7YP-750 and 7YPJ-950 can have two passengers in the cab.

The applicable subheading for the Three Wheeled Vehicles, Models 7Y-750, 7Y-950, 7YP-750 and 7YPJ-950 will be 8709.19.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for Works trucks, self-propelled, not fitted with lifting or handling equipment, of the type used in factories, warehouses, dock areas or airports for short distance transport of goods; tractors of the type used on railway station platforms; parts of the foregoing vehicles: Vehicles: OtherOperator riding. The rate of duty will be Free.

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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