CLA-2 CO:R:CV:G: 083433 JLV; 835021
Ford Motor Company
Attn: Mr. P. B. Kruzich
West Park Center
5111 Auto Club Drive
P.O. Box 6089
Dearborn, Michigan 48126
RE: Motor vehicle principally designed for the transport of
persons; Ford Aerostar minivan
Dear Mr. Kruzich:
In a letter of December 14, 1988, on behalf of Ford Motor
Company, you requested a ruling on the tariff classification
of the Ford Aerostar Wagon. This is our decision on the
classification under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA).
FACTS:
The motor vehicle is identified as the Ford Aerostar
Wagon which is produced at the Ford Motor Company St. Louis
Assembly Plant in a Foreign Trade Zone (FTZ), Subzone 102A,
located in Hazelwood, Missouri. It has a wheelbase of 118.9
inches, a standard overall length of 174.9 inches (or an
extended length of 190.3 inches), and a height (loaded) of
69.1 inches (69.2 for extended length wagon). The body is a
single, box-like shell with the following features: windows
in all doors and side and rear panels; three doors, one of
which is a sliding side door for access to the rear area; a
rear liftgate; dual front seats; and one three-passenger rear
bench seat which is located directly behind the front seats,
or one three-passenger middle bench seat and one two-passenger
rear bench seat.
- 2 -
The Aerostar Wagon is a rear wheel drive motor vehicle
and is powered by a 3.0 liter V-6 spark-ignition engine. The
standard color-coordinated interior package includes carpet-
ing, door and body trim panels, headliner, and 5-person
seating.
You believe that the Aerostar Wagon is classifiable as a
motor vehicle principally designed for the transport of
persons in subheading 8703.23.00, HTSUSA.
ISSUE:
Based on the design features of the motor vehicle, is it
principally designed for the transport of persons for purposes
of classification in heading 8703, HTSUSA?
LAW AND ANALYSIS:
The relevant headings in issue are as follows:
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 * * *
In a ruling of June 6, 1989 (file 083628), the Vanagon
window van, a multipurpose motor vehicle similar to the
Aerostar in design features, was held to be "principally
designed for the transport of persons." The criteria (certain
design features) used in that ruling are also applicable in
this case.
The high-volume structural design of the Aerostar is
suitable for transport of cargo as well as for the transport
of persons. However, the windows, rear seating and sliding
side door for access to the rear seating are features which
indicate that the motor vehicle is principally designed for
the transport of persons.
HOLDING:
The Aerostar Wagon, as described in the facts, is a motor
vehicle principally designed for the transport of persons,
- 3 -
with a spark-ignition engine of a cylinder capacity exceeding
1,500 cc but not exceeding 3,000 cc, and is classified in
subheading 8703.23.00, HTSUSA.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc: AD NY Seaport
1cc: NIS DeSoucey
2cc: Chief, CIE
1cc: AC, CO
1cc: Durant
1cc: Reading File
LIBRARY: valentin
FILE NAME: 083433