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NY N013344




July 18, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8703.23.0046; 8703.23.0048; 8703.24.0058

Andrea Stacey, Customs Administrator
Hyundai Motors America
10550 Talbert Ave.
Fountain Valley, CA 92728-6031

RE: The tariff classification of motor vehicles from Korea

Dear Ms. Stacey,

In your letter dated June 22, 2007, you requested a tariff classification ruling.

The items concerned are two new Accent sedans, an Elantra sedan and a Veracruz Sport Utility vehicle (SUV).

The first Accent model is a three-door sedan powered by a four-cylinder, 1.6 liter, gas, spark-ignition, internal combustion engine with seating for five persons. The interior volume is 108.1 cubic feet or 3.06 m3.

The second Accent model is a four-door sedan powered by a four-cylinder, 1.6 liter, gas, spark-ignition, internal combustion engine with seating for five persons. The interior volume is 104.6 cubic feet or 2.96 m3.

You state in your Request that both models have a cylinder capacity of more than 1,500 cc, but not more than 3,000 cc.

The applicable classification subheading for both Accent sedan models will be 8703.23.0046, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Motor cars principally designed for the transport of persons : Other vehicles, with spark-ignition internal combustion reciprocating piston engine: Of a cylinder capacity exceeding 1,500 cc but not exceeding 3,000 cc: Other: New: Having engines with not more than 4 cylinders: Other: Of an interior volume exceeding 2.8 m3 but not exceeding 3.1 m3”. The rate of duty will be 2.5%.

The Elantra is a four-door sedan powered by a four-cylinder, 2.0 liter, gas, spark-ignition, internal combustion engine with seating for five persons. The interior volume is 112.1 cubic feet or 3.17 m3. You state in your Request that the Elantra has a cylinder capacity of more than 1,500 cc, but not more than 3,000 cc.

The applicable classification subheading for the Elantra sedan will be 8703.23.0048, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Motor cars principally designed for the transport of persons : Other vehicles, with spark-ignition internal combustion reciprocating piston engine: Of a cylinder capacity exceeding 1,500 cc but not exceeding 3,000cc: Other: New: Having engines with not more than 4 cylinders: Other: Of an interior volume exceeding 3.1 m3 but not exceeding 3.4 m3”. The rate of duty will be 2.5%.

The Veracruz is a five-door Sport Utility vehicle (SUV) powered by a six- cylinder, 3.8 liter, gas, spark-ignition, internal combustion engine with seating for seven persons. The interior volume is 150.6 cubic feet or 4.26 m3. You state in your request that the Veracruz has a cylinder capacity exceeding 3,000 cc.

The applicable classification subheading for the Veracruz Sport Utility vehicle (SUV) will be 8703.24.0058, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “ motor vehicles principally designed for the transport of persons : Other vehicles, with spark-ignition internal combustion reciprocating piston engine: Of a cylinder capacity exceeding 3,000 cc: Other: New: Having engines with more than 4 cylinders but not more than 6 cylinders: Of an interior volume exceeding 3.4 m3.

Duty rates are provided for your convenience and are subject to change. The text of the most recent Harmonized Tariff Schedule of the United States and the accompanying duty rates are provided on the World Wide Web at http://ww.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 Richard Laman at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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