CLA-2-87:RR:NC:MM:101 I82341

Ms. Marie Ortiz
Port Hueneme Customs Brokerage
1083 Peninsula Street
Ventura, California 93001

RE: The tariff classification of Civis Vehicles from France

Dear Ms. Ortiz:

In your letter dated June 4, 2002 you requested a tariff classification ruling.

You submitted a brochure of the Civis vehicle that is a 60 foot low floor vehicle used for the transport of passengers in urban areas. The vehicle is articulated and has six rubber tires and three axles. The driveline consists of a diesel engine connected to a generator which in turn provides power to four electric motors attached to four of the wheels. In addition, the vehicle has the capability of providing automatic lateral guidance through a sophisticated optical guidance system which tracks on a special painted line on the roadway. However, the vehicle is also capable of being operated on a road where the optical guidance system is disabled, steering being performed by the driver. You state that the purpose of the optical guidance system is two-fold: first, to minimize the width of the roadway where the vehicle operates; and second, to provide docking at high platform transit stations with a small enough gap that meets the requirements of the Americans with Disabilities Act. You state that the approximate value of each vehicle is $1,000,000.

The applicable subheading for the Civis vehicle will be 8702.90.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for Motor vehicles for the transport of ten or more persons, including the driver: Other: Designed for the transport of 16 or more persons, including the driver. The rate of duty will be 2% ad valorem.

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 646-733-3008.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division