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NY I86828




October 8, 2002

CLA-2-87:RR:NC:MM:101 I86828

CATEGORY: CLASSIFICATION

TARIFF NO.: 8703.33.0045

Mr. Brian F. Walsh
Barnes, Richardson & Colburn
303 East Wacker Drive
Suite 1100
Chicago, Illinois 60601

RE: The tariff classification of a DaimlerChrysler “James Cook” Model Van from Germany

Dear Mr. Walsh:

In your letter dated September 26, 2002 you requested a tariff classification ruling.

You submitted a copy of a brochure detailing the DaimlerChrysler “James Cook” Model Van. You state that the marketing name for these vehicles is subject to change upon importation into the United States. You also state that the brochure reflects certain details of the vehicles as marketed and sold in Europe and that it does not reflect changes that may be made for the American market.

The “James Cook” vans are designed to be used for camping and similar activities in which individuals reside in a motor vehicle. They will have a gross vehicle weight of approximately 7716 lbs.; will be approximately 18.5 feet in length; 12.5 feet in height; and 6.3 feet wide. The vehicles will come standard with anti-lock brakes, three-point automatic seat belts and head restraints, and driver’s airbags among other features. The vehicles will be imported with a 5-cylinder diesel engine with a cylinder capacity exceeding 2,500 cc.

The vehicles have seating for up to five adults, with two front seats and a three-person bench-type seat behind the front seats. It has the capacity for two double beds to sleep four adults. The vehicle utilizes a four-zone principle in its design that separates the kitchen, the washroom, the living area, and the bedroom. The kitchen consists of a refrigerator, a twin burner gas stove top, and storage of the type typically found in kitchens. Under the kitchen sink is a 14.5 gallon waste storage tank for the run-off from the sink. There is also a 26.4 gallon fresh water tank located in the kitchen area. The refrigerator operates independently of the engine and ignition and is capable of reaching temperatures as cold as –4 degrees F. The stove top burns gas from propane tanks attached to the vehicle. The cabinets have storage for kitchen utensils, paper towels, garbage can, and other items.

The washroom is a separate room that includes a toilet, a shower, a mirror, and wash basin. In addition there is a ventilation skylight in the washroom. There is also a storage facility for such items as toilet paper, towels, etc.

The living area is formed in the area between the three-person bench and the driver and front passenger seats. The front seats turn 180 degrees to allow them to be used for this purpose. To complete the living area, a table long and wide enough for all of the people seated at the table to use then fits between the bench seat and the two front seats. When the larger table is not in use, a smaller drop-leaf table with two cup holders opens up for the use of the passengers in the rear. Under the drop-leaf table is also a storage area for magazines and similar articles.

The bedroom consists of two separate double beds. The first is created when the three-person bench seat behind the driver and front passenger is folded flat. A further cushion is added to the bench to create the two person bed. The second double bed lowers from the ceiling of the vehicle.

There are also other storage areas: a safe, an area for long items such as skis, and storage at the very rear of the vehicle.

You state there may be other optional accessories that may be present on or in the vehicles at time of importation: a retracting frame awning, a canopy mounting set, a surfboard rack, a ski rack, a bicycle rack, and roof racks for storage and transportation, a tent that attaches to the body of the vehicle, or a rear door rack for additional storage or transportation. You state that no vehicle should enter the US with all of these accessories.

The applicable subheading for the DaimlerChrysler “James Cook” Model Van will be 8703.33.0045, Harmonized Tariff Schedule of the United States (HTS), 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 ccOther: New. The rate of duty will be 2.5% 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 646-733-3008.

Sincerely,

Robert B. Swierupski
Director,

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