HQ 083433: Motor vehicle principally designed for the transport of persons; Ford Aerostar minivan

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                        HQ 083433

                                    December 18, 1989

             CLA-2 CO:R:CV:G:  083433 JLV; 835021

             CATEGORY:  Classification

             TARIFF NO.:  8703.23.00

             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