CLA-2 RR:TC:MM 957890 JAS

TARIFF NO: 8710.00.00

Port Director of Customs
200 East Bay Street
Charleston, SC 29401

RE: PRD 1601-95-100042; Armored Fighting Vehicle, Amphibious Truck, Supply Vehicle for Transport of Ammunition in Fighting Areas, Heading 8710; Wheeled Motor Vehicle for the Transport of Goods, Heading 8704; GRI 3(a); HQ 958995

Dear Port Director:

This is our decision on Protest 1601-95-100042, filed against your classification of the Alvis Stalwart armored fighting vehicle made in the United Kingdom. The entries were liquidated on November 14, 1994, and January 13, 1995, and this protest timely filed on February 10, 1995.

FACTS:

The Alvis Stalwart FV 600 series is a six-wheeled vehicle capable of traversing adverse terrain and inland waters. These vehicles were manufactured prior to 1968, and used in the British Army as armored supply vehicles. The Stalwart measures 21 ft. X 9 ft. X 8 ft. weighs approximately 18,800 Ibs. gross vehicle weight (G.V.W.), with a top speed of 38 mph. These vehicles are fully amphibious and propelled in the water by two marine jets driven by a power take-off from the gearbox. These vehicles have a fully enclosed cab with a rear cargo bed open at the top, with drop sides and a drop tailgate. The Stalwart can carry 5000 kg of cargo or up to 38 fully armed troops. They are equipped with 3/4 to 1 inch metal plate on its sides, front, rear and underside - the latter for protection against land mines - and 3/8 inch thick glass in all windows. The metal plating is said to be bullet-proof against ammunition of up to 30 caliber (0.3"). The Stalwart has a front-mounted hydraulically operated winch with a 4900 kg capacity. The model FV 623 is fitted with a hydraulic crane for unloading pallets of ammunition to field-based artillery regiments. - 2 -

The provisions under consideration are as follows:

8704 Motor vehicles for the transport of goods: Other, with spark-ignition internal combustion piston engine:

8704.32.00 G.V.W. exceeding 5 metric tons/25 percent under subheading 9903.87.00

* * * *

8710.00.00 Tanks and other armored fighting vehicles, motorized, whether or not fitted with weapons, and parts of such vehicles...Free

ISSUE:

Whether the Alvis Stalwart is an armored fighting vehicle of heading 8710. LAW AND ANALYSIS:

Merchandise is classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) in accordance with the General Rules of Interpretation (GRIs). GRI 1 states in part that for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes, and provided the headings or notes do not require otherwise, according to GRIs 2 through 6. Under GRI 3(a), where goods are prima facie classifiable under two or more headings, the heading which provides the most specific description shall be preferred to headings providing a more general description.

The Harmonized Commodity Description And Coding System Explanatory Notes (ENs)constitute the official interpretation of the Harmonized System. While not legally binding on the contracting parties, and therefore not dispositive, the ENs provide a commentary on the scope of each heading of the Harmonized System and are thus useful in ascertaining the classification of merchandise under the System. Customs believes the ENs should always be consulted. See T.D. 89-80. 54 Fed. Reg. 35127, 35128 (Aug. 23, 1989). - 3 -

Relevant ENs at p. 1428 include among the vehicles of heading 8704 self-loading vehicles equipped with winches, elevating devices, etc., but designed essentially for transport purposes. These notes describe the Alvis Stalwart vehicles in issue. Other ENs at p 1435 include within the vehicles of heading 8710 armored cars and armored supply vehicles. Armored cars are faster and lighter than tanks and sometimes are only partly armored. They are mainly used for police duties, reconnaissance or for transport in fighting areas. Some armored cars are track-laying but the majority are either half-track or road-wheel type, and they may be amphibious. Armored supply vehicles are generally of the track-laying type, whether or not designed to be armed, and are used for the transport of petrol, ammunition, etc., in fighting areas. Whether used for transporting troops or war materiel, the Alvis Stalwart vehicles are described by the ENs to heading 8710.

For purposes of GRI 3(a), a heading which more clearly identifies goods shall be preferred to one where the identification is less complete. In this case, both heading 8704 and heading 8710 encompass motorized vehicles for transporting goods. However, for purposes of heading 8710 the term armored fighting vehicles encompasses motorized vehicles that are armored and which transport both persons and goods in fighting areas. We conclude that heading 8710 more clearly identifies the goods than does heading 8704. HQ 958995, dated May 6, 1996, is in accord.

HOLDING:

Under the authority of GRI 3(a), the Alvis Stalwart FV 600 series is classifiable in HTSUS 8710.00.00. The protest should be ALLOWED. In accordance with Section 3A(11)(b) of Customs Directive 099 3550-065, dated August 4, 1993, Subject: Revised Protest Directive, you should mail this decision, together with the Customs Form 19, to the protestant no later than 60 days from the date of this letter. Any reliquidation of the entry or entries in accordance with the decision must be accomplished prior to mailing the decision. Sixty days from the date of the decision the Office of Regulations and Rulings will take steps to make the decision - 4 -

available to Customs personnel via the Customs Rulings Module in ACS and to the public via the Diskette Subscription Service, the Freedom of Information Act and other public access channels.

Sincerely,


John Durant, Director
Tariff Classification
Appeals Division