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NY H87834




January 28, 2002

CLA-2-87:RR:NC:MM:101 H87834

CATEGORY: CLASSIFICATION

TARIFF NO.: 8709.19.0030

Mr. Robert Rayford
R & D Motorsports
T4525 Town Hall Road
Wausau, Wisconsin 54403

RE: The tariff classification of a Pickup Truck from Japan

Dear Mr. Rayford:

In your letter dated January 18, 2002 you requested a tariff classification ruling.

You submitted a picture with specifications of a small pickup truck, called the “Multicab Original Pick-Up Lift Up 4WD.” You state that the vehicle is a small pickup truck that is a little bigger than an ATV. It is made in Japan and suitable for highway use for five to seven years, then sold to a company in the Philippines where it is totally rebuilt. You state that for shipping into the United States the roof and various other parts would be removed so that it could be shipped in one container. You further state that it your intention to sell these vehicles as off-road farm vehicles. You are also checking with the EPA and DOT to see if the truck would be legal for highway use. Some of the features of this vehicle are: 3-cylinder gasoline engine, 500 cc displacement, 5 speed manual transmission, seating capacity for 2 passengers, center console box, sun visor, interior lamp, signal lights, front plain matting, upholstered ceiling, two-tone acrylic paint.

The applicable subheading for the “Multicab Original Pick-Up Lift Up 4WD”Pickup Truck 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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