CLA-2-87:RR:NC:87:MM 101 G87489

Mr. Robert J. Resetar
Porsche Cars North America, Inc.
980 Hammond Drive
Suite 1000
Atlanta, Georgia 30328

RE: The tariff classification of Passenger Motor Vehicle Without An Engine from Germany

Dear Mr. Resetar:

In your letter dated February 22, 2001 you requested a tariff classification ruling.

You did not submit any sample or descriptive literature with your ruling request.

You state that the vehicle is a passenger vehicle that you believe would normally be classified under HTS 8703 if it had an engine. It is being imported without an engine because its destination is an auto show. You further state that you would know the interior volume, but not the engine size and number of cylinders.

You also envision the importation of a prototype motor vehicle where you do not know what kind of engine will eventually be installed.

The applicable subheading for the Passenger Motor Vehicle Without An Engine will be 8703.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for 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: Other. The rate of duty will be 2.5% ad valorem.

The applicable subheading for the Prototype Passenger Motor Vehicle Without An Engine will be 9817.85.011, Harmonized Tariff Schedule of the United States (HTS), which provides for Prototypes to be used exclusively for development, testing, product evaluation, or quality control purposes. The rate of duty will be Free.

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 212-637-7035.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division