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NY R02939





December 13, 2005

CLA-2-87:RR:NC:N1:101 R02939

CATEGORY: CLASSIFICATION

TARIFF NO.: 8703.24.0068

Mr. Steven A. Britt
Customs Analyst
Volkswagen of America
3800 Hamlin Rd.
Auburn Hills, MI 48326

RE: The tariff classification of an Audi sports utility vehicle from Slovakia

Dear Mr. Britt:

In your letter dated December 7, 2005 you requested a tariff classification ruling.

The item is an Audi of America sports utility vehicle. The SUV is powered by a 4163 cc (4.2 liter) eight cylinder fuel injected engine and is available in a six speed transmission. All versions of the vehicle will feature this engine. The standard version of the SUV has overall seating for five persons with safety equipment for each individual.

There are also versions of the SUV with seating configurations for seven passengers on three rows of seats and six passengers with three rows of seats, where the second row contains two captain chairs. The approximate interior volume of the vehicle is 3.9 cubic meters.

The applicable subheading for the Audi of America sports utility vehicle will be 8703.24.0068, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Motor cars and other motor vehicles principally designed for the transport of persons (other than those of heading 8702), including stations wagons and racing cars, with spark-ignition internal combustion reciprocating piston engine of a cylinder capacity exceeding 3,000 cc, having engines with more than 6 cylinders, with an interior volume exceeding 3.4 m3. The rate of duty will be 2.5 percent.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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