CLA-2 CO:R:C:G 082797 VEA
Mark K. Neville, Jr., Esq.
Lamb & Lerch
233 Broadway
New York, N.Y. 10279
RE: Mitsubishi Lightweight Work Vehicle
Dear Mr. Neville:
Your memoranda dated March 21, 1988 and September 8,
1988, request a ruling on behalf of your client, Mitsubishi
Motor Sales of America, Inc., on the classification of a
multipurpose vehicle (The Mighty Mits) under the Harmonized
Tariff Schedule of the United States (HTSUSA).
FACTS:
The submission describes the vehicle as a lightweight
work vehicle, which consists of a frame construction and a
cargo bed. Its overall length is 125.8 inches. The cargo bed
measures 52.4 inches wide and 76.4 inches long. The vehicle
has a curb weight of 1,300 pounds and is powered by a 30 h.p.
gasoline-powered, 3-cylinder internal combustion engine. Its
tires measure 5.00-10.00 (standard), or 20 x 8.0-10 (optional)
and has a top speed of 21.7 mph (35 km/h).
The Mighty Mits is available in three models. The first
model is equipped with a full cab with top, doors and full
glass, (windshield, rear glass and side windows). The second
model has a cab with top, partial glass (windshield and rear
glass), and side bars, but no doors. The third model has a cab
with top, no glass or doors and only side bars. The submission
states that each cab version of the vehicle may be available in
a two or four wheel drive and may be equipped with a tilt bed,
which gives the vehicle dumper capability.
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Brochures describing the vehicles state that they are
rugged, dependable multipurpose vehicles that cover a variety
of general work needs. They also state that these vehicles are
designed with rugged construction to handle heavy loads and
easy maneuverability to negotiate varying terrain.
The importer argues that the Mighty Mits should be
classified in heading 8709. The submission states that the
vehicle is not equipped with forks, lifting arms, or other
features associated with material handling equipment. It meets
the requirements of an off-road vehicle required by the
Department of Transportation. Engineering changes were made to
bring the vehicle into compliance with OSHA regulations, and to
have it certified by Underwriters Laboratory Inc. (UL) as to
fire hazard so that it could be used as an industrial truck in
factories, warehouse, dock areas and airports.
The importer also argues that this vehicle is not
classifiable in heading 8704 as a motor vehicle for the
transport of goods, because that heading is a general
provision, which provides for trucks in any form, but not
specifically for the truck at issue. Under GRI 3(a) which
requires that classification be made in the heading providing
the most specific description, 8709 is the proper heading for
classifying the lightweight work vehicle.
ISSUE:
Whether the lightweight work vehicle (the Mighty Mits)
is classifiable in heading 8709 as a works truck, 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, or as a motor vehicle
for the transport of goods in heading 8704.
LAW AND ANALYSIS:
The General Rules of Interpretation (GRI's) govern
classification under the the HSTUSA. GRI 1 provides:
"...for legal purposes, classification shall be
determined according to the terms of the headings and
any relative section or chapter notes and, provided such
headings or notes do not otherwise require, according to
the following provisions...."
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The headings at issue include:
8709 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:
* * * * * * * * *
8704 Motor vehicles for the transport of goods:
There are no legal notes which address these headings.
To be classified in heading 8709, a vehicle must: (a) be a
works truck that is self-propelled; (b) not fitted with lifting
or handling equipment; and (c) be the type of works truck used
in factories, warehouses, dock areas or airports for short
distance transport of goods.
The Explanatory Notes (EN), the official interpretation
of the HTSUSA, although not legally binding, provide some
guidance on interpreting provisions under the HTS. The EN for
heading 8709 note that works trucks are self-propelled trucks
for the transport of goods which are fitted with, for example,
a platform or container (sometimes designed for elevating) on
which the goods are loaded. They further state that the main
features of the vehicles classified in this provision include:
(a) their construction and, as a rule, their special design
features, which make them unsuitable for the transport of
passengers or for the transport of goods by road or other
public ways; (b) their top speed is not more than 30 to 35
km/h; and (c) their turning radius is approximately equal to
the length of the vehicle itself. Finally, these vehicles do
not usually have a closed driving cab. The accommodation for
the driver is often no more than a platform on which he stands
to steer the vehicle. The notes to heading 8709 exclude
dumpers, which are classified in heading 8704.
Although the vehicle at issue has some of the above
features (low top speed, unsuitable for the transport of
persons or goods by road or other public highways, targeted for
use in short-distance applications, and small turning radius),
it also has other design features which preclude it from being
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the class or kind of vehicle that is classified in heading
8709.
Vehicles classified in that heading are not usually
equipped with a closed driving cab. The accommodation for the
driver is often no more than a platform on which he stands to
steer the vehicle. Each model of the Mighty Mits has a cab,
although they vary in style. One model has a full cab with
top, doors and full glass (windshield, rear glass and side
windows). The second model has a cab with top, partial glass
(windshield and rear glass), and side bars, but no doors; and
the third model has a cab with no top, no glass or doors and
only side bars.
Certification by the Department of Transportation that
these vehicles are designed for off-highway use is not
controlling for classification purposes. Off-road use does not
automatically qualify a vehicle for classification in heading
8709, nor is it conclusive evidence that the vehicle is not a
motor vehicle of heading 8704. Other vehicles which are also
used off-road are classified in other headings. For example,
dumpers and shuttle cars used in mines to transport coal or
ore are classified in heading 8704 as motor vehicles, and
motor-scooters or motorized cycles constructed for the
transport of goods are classified in heading 8711.
The Mighty Mits can be used in factories, warehouses,
dock areas or airports for short distance transport of goods,
because it meets OSHA and DOT requirements for such use. But
it has other design features which indicate that it is designed
for use in areas outside of these applications. Each cab
version of these vehicles may be equipped with a tilt bed,
which gives the vehicle dumper capability. The EN for heading
8709 exclude dumpers from classification in that provision,
noting that they are classified in heading 8704.
Although these vehicles have small tires, they are of
the type normally found on vehicles used on and off the road.
The tires on the Mighty Mits measure 5.00-10.00 (standard), or
20 x 8.0-10 (optional), making it well suited for use on non-
public roads such as those found in parks. The importer states
that the vehicle is specifically engineered for use in
locations listed in heading 8709, but it is marketed as a
dependable multipurpose vehicle that cover a variety of work
needs, and that it is designed with rugged construction to
handle heavy loads and easy maneuverability to negotiate
varying terrain. The brochure submitted with the request
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for a ruling shows the vehicle in a grassy, hilly area. These
factors suggest that although the Mighty Mits can be used in
short-distance applications, it is designed with wheels and
running gear, which are not limited to this use. The vehicle
can also be used in other off-highway locations, requiring a
multi-purpose utility truck, for example, farms, golf courses,
worksites, parks, and mines. Classification in 8709 requires
that the vehicle be a works truck specifically designed for use
in short-distance transport applications in factories,
warehouses, dock areas or airports. The overall design
features of the Mighty Mits indicate that it is not a works
truck of heading 8709.
Based on the language of the heading, the lightweight
vehicle is properly classifiable as a motor vehicle for the
transport of goods under heading 8704. Classification in this
provision requires that the vehicle first, be a motor vehicle
and second, be for the transport of goods.
The Mighty Mits is an automotive vehicle not operated on
rails and thus qualifies as a motor vehicle. Its design
indicates that it was primarily designed to transport goods.
The vehicle has a cab and cargo bed. The cargo bed is 52.4
inches wide and 76.4 inches long making it suitable to
transport goods within short-distance applications, as well as
in other off-high uses. Finally, the vehicle has the
appearance and size of a small pick-up truck, which would be
used to carry cargo.
HOLDING:
The Mighty Mits is properly classifiable as a motor
vehicle for the transport of goods in heading 8704. The dumper
models are classified in subheading 8704.10.5020, HTSUSA, and
the non-dumper models in subheading 8704.31.0020, HTSUSA.
Sincerely,
John Durant, Director
Commercial Rulings Division