The tariff classification of Electric Vehicles from Canada

NY G89309 March3 29, 2001 CLA-2-87:RR:NC:MM:101 G89309 CATEGORY: Classification TARIFF NO.: 8703.90.0000 Mr. William Baldwin Norman G. Jensen, Inc. P.O. Box 3789 Blaine, Washington 98231-3789 RE: The tariff classification of Electric Vehicles from Canada Dear Mr. Baldwin: In your letter dated March 16, 2001 you requested a tariff classification ruling on behalf of your client, Dynasty Motorcar Corporation. You submitted literature describing three fully electric battery powered, Low Speed Vehicles known as “IT” (which, you state, stands for “Innovative Transportation”). You state that although suitable for use in planned communities, the IT may operate on 35 mph roads at a speed not to exceed 25 mph. You are requesting classification ruling on three models: The IT Sedan - a five-door passenger sedan that is a fully enclosed vehicle. The IT Convertible - a five-door passenger vehicle that neither contains a roof nor a rear window. The IT Sports (or “Tropical”) - a five-door passenger vehicle that employs a snap-on fabric top. The doors of both the IT Sedan and IT Convertible contain roll-up windows. The doors of the IT Sports (or “Tropical”) do not contain roll-up windows. According to the literature submitted all vehicles have the following safety features: 3-point anchored seat belts High visibility brake and tail lights Side indicators and reflectors Back-up light and alarm Front disc/rear drum brakes Halogen headlights with Hi/Lo Beams Self-canceling turn signals Windshield demister Battery level indicator Rear view and side mirror. The dimensions of the vehicles are: Length: 140 inches; Width: 60 inches; Height: 63 inches; Wheelbase: 90 inches; Curb weight (Sedan with doors and glass): 1450 lbs. Each model consists of the same basic body design and the passenger compartment on each model contains seating suitable for four adults. The applicable subheading for the IT Sedan, the IT Convertible, and the IT Sports (or “Tropical”) will be 8703.90.0000, 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. The rate of duty will be 2.5% ad valorem. Motor vehicles imported into the United States must comply with the safety regulations of the U.S. Department of Transportation (DOT) and the air emissions regulations of the U.S. Environmental Protection Agency (EPA). If you have any questions concerning these regulations, it is suggested you contact these agencies. The Dept. of Transportation is located at 400 Seventh Street, S.W., Washington, D.C. 20590; the Environmental Protection Agency is located at 401 M Street, S.W., Washington, D.C. 20460. 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 212-637-7035. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division