CLA-2 CO:R:CV:G 083628 VEA

Frederick L. Ikenson, Attorney
Law Offices of
Frederick L. Ikenson, P.C.
1621 New Hampshire Ave., N.W.
Washington, D.C. 20009

RE: Classification of multipurpose vehicle (Volkswagen Vanagon)

Dear Mr. Ikenson:

Your submission of February 8, 1989, requests a ruling on behalf of your client, Volkswagen of America, Inc., on the tariff classification of the Volkswagen Vanagon under the Harmonized Tariff Schedule (HTS). This ruling is our decision on that request.

FACTS:

The submission states that the Volkswagen Vanagon is a van-type motor vehicle manufactured in West Germany and imported for sale in the United States. The Vanagon is available in three models (Vanagon GL, Vanagon Carat and Vanagon Camper). The GL and Camper are also available in a four-wheel drive version, the Synchro.

The Vanagon is powered by a 2.1 liter fuel-injected engine, and has a four-speed manual transmission, or an automatic transmission. These vehicles have a sliding side door and sliding rear windows, two seats in the front of the vehicle, a center seat that can accommodate up to two people, and a non-removable bench-type seat in the rear of the vehicle. These vehicles are designed to carry seven passengers, and have approximately 200 cubic feet of interior space, of which approximately 50 cubic feet is useable as cargo space when the vehicle is also used by passengers.

- 2 -

Although the models have the same basic design, some of them have additional features. For example, the Carat has two rearward-facing center seats, a rear folding bench, and a side panel-mounted folding table. Finally, the Vanagon GL Camper is a five passenger model with curtained side windows, a kitchenette (LP gas stove and refrigerator, sink, countertop, swing-out dining table, fold-out side table, and food cupboard), a clothes closet, and a roof-top storage rack.

The importer argues that the Vanagon should be classified under heading 8703 as a motor vehicle principally designed for the transport of persons, instead of in heading 8704 as a motor vehicle designed for the transport of goods. The importer's submission states that the Vanagon has been marketed at all times as a passenger van and is the third generation of a van- type vehicle which Volkswagen developed in the late 1940's as a derivative of the Beetle passenger car. The abundance of passenger amenities rearward of the driver's seat and the presence of chassis suspension elements also found in passenger vehicles are evidence that the vehicle was primarily designed for passenger use. Finally, the cargo-to-passenger volume and weight ratios are comparable to those found in a conventional station wagon, and although the cargo area in these vehicles can be expanded by removing the center seat, this is impractical since this seat is not easily removed.

ISSUE:

Whether the Volkswagon Vanagan is properly classifiable in heading 8703, subheading 8703.23.0030, as a "motor vehicle principally designed for the transport of persons," under the HTS and dutiable at 2.5 percent ad valorem, or in heading 8704 as a "motor vehicle designed for the transport of persons."

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI's) govern classification under the HTS of the United States. 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...."

The relevant headings at issue in this case include:

- 3 -

8703 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:

* * * * * * * * *

8704 Motor vehicles for the transport of goods:

There are no relevant legal notes which address the headings at issue in this case. Based on the language of 8703, in order to be classified in that heading, a vehicle must be principally designed for the transport of persons.

The Vanagon has the features of a motor vehicle described as a small multipurpose van capable of transporting both passengers and cargo. In general, these vehicles have a single, box-like body structure which includes space for the driver and front-seat passenger, and rear space, which can be used to carry both passengers and cargo. Also, they usually have rear sliding doors, side windows and seating which can accommodate up to 7 passengers. The location of the engine varies in these vehicles and may be placed in the front, middle, or rear. They are usually placed partly beneath the level of the floor in order to provide substantial interior space. The vehicles also vary in drive configuration and may be front, rear, or 4-wheel drive.

No single criterion is dispositive of whether these vehicles are principally designed to transport persons or goods, however, there are two types of identifiable features which are unique to the design of these vehicles, and thus relevant in making this determination. These include integral design features and auxiliary design features. Integral design features include: (1) a body structure and design that can accommodate large volumes of cargo, and that can be adapted to transport a large number of persons; and (2) a rear side passenger access door. The box-like design of these vehicles provides a roominess which makes them well-suited for transporting both passengers and cargo. Auxiliary design features include: (1) windows on the rear side passenger access door and on the side panels of both sides of the vehicle; and (2) rear seating for two or more persons.

Both the integral and auxiliary design features are significant in determining whether multipurpose vans are principally designed for the transport of persons, or for the transport of goods.

- 4 -

An examination of the Vanagon's integral and auxiliary design features indicate that it is principally designed to transport persons. These vehicles have three side doors. The center side door is a sliding side door, which allows passengers easy access to the rear seats. In addition, the Vanagon has windows on the rear side passenger door and on the rear side panels. Both of these features indicate that the rear section of the Vanagon was designed primarily for passenger use. Finally, a center seat and a non-removable bench type seat are in the rear-most section of the vehicle. These can easily accommodate up to five, or seven persons and are further evidence of the vehicle's design to transport persons instead of cargo.

Although no single factor determines whether a vehicle is principally designed for the transport of persons, the Vanagon's auxiliary design features (windows in the rear side panels, and rear seating for two or more persons) and integral design features (three or more side-doors, one of which offers access to the rear of the compartment) suggest that it is principally designed to transport persons.

HOLDING:

The Volkswagon Vanagon GL, Camper, Carat, in two-wheel drive and four-wheel drive (Synchro versions) are properly classifiable in heading 8703, subheading 8703.23.0030, as a "motor vehicle principally designed for the transport of persons," under the HTS, and dutiable at 2.5 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division