Laforza four-wheel drive multipurpose motor vehicle
Active· CBP ruling HQ 084896· Issued 1989-10-18
Ruling text
HQ 084896
October 18, 1989
CLA-2 CO:R:CV:G: 084896 JLV
CATEGORY: Classification
TARIFF NO.: 8703.24.0075
Mark K. Neville, Jr., Esq.
Lamb & Lerch
601 California Street
San Francisco, California 94108
RE: Laforza four-wheel drive multipurpose motor vehicle
Dear Mr. Neville:
In a letter of June 14, 1989, on behalf of your client,
Laforza Automobiles, Inc., you request a ruling on the
classification of the "Laforza," a multipurpose four-wheel
drive luxury motor vehicle which will be imported without the
engine, transmission, and various minor components.
FACTS:
The vehicle, at the time of importation, will consist of
a four-door vehicle constructed on a box-ladder steel frame
with an 18-gauge steel body. It has a lift-up rear door,
windows in all doors and side panels, 16-inch wheels, a ground
clearance of 6.75 inches, minimal front and rear overhang, and
seating for five (two in front and three in a rear bench seat)
in a luxuriously appointed interior of handsewn leather,
burled walnut, and thick carpeting. The rear seat is designed
to fold out of the way or to be removed in order to provide
more cargo space.
The imported vehicle will be incomplete. The engine and
transmission, as well as other components described simply as
"minor elements of design," will be added after importation.
You state that the engine will be a 5.0 liter V-8 engine and
the transmission, based on the advertising literature, will be
a four-speed automatic transmission with overdrive and shift-
on-the-fly selectable four-wheel drive. The overall height of
the vehicle is 72.6 inches, the length is 179.9 inches, and
the cargo space ranges from 40.53 cubic feet (seat up) to
96.04 cubic feet (seat removed).
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ISSUE:
Does the incomplete vehicle have the essential character
of the complete vehicle for purposes of General Rule of
Interpretation (GRI) 2(a), Harmonized Tariff Schedule of the
United States Annotated (HTSUSA)?
If it does have the essential character of a complete
motor vehicle, is the multipurpose vehicle classifiable as a
motor vehicle "principally designed" for the transport of
persons in heading 8703, HTSUSA?
LAW AND ANALYSIS:
GRI 1 states, in relevant part, that classification shall
be determined according to the terms of the headings and any
relative section or chapter notes and according to the
provisions that follow, such as GRI 2(a), provided that the
headings or notes do not otherwise require. There are no
legal notes which address motor vehicles without engines and
transmissions.
In order to be classified as the complete article, i.e.,
a motor vehicle of heading 8703 or 8704, rather than as a
body, chassis, or part of a motor vehicle, the imported
incomplete article must have the essential character of the
complete article. The general Explanatory Notes (EN) to
chapter 87 describe an incomplete or unfinished vehicle as
having the essential character of a complete or finished
vehicle if, for example, it is a "motor vehicle not equipped
with its engine." In this case, the imported article consists
of a chassis frame, body, axles, wheels and tires, suspension,
brakes, steering assembly, and interior furnishings. The EN
instruct us as to a motor vehicle that is not yet fitted with
an engine. We conclude that a motor vehicle not yet fitted
with an engine and transmission is not significantly different
from a motor vehicle not yet fitted with an engine, and,
therefore, also has the essential character of the complete
motor vehicle.
In a ruling letter of May 19, 1989 (file 083412), we
determined that a multipurpose motor vehicle, substantially
the same in functional features as the Laforza, was
principally designed for the transport of persons. The
vehicle in issue was the Range Rover, and the reasons given in
that ruling are applicable to the facts in this case.
Therefore, we conclude that the Laforza is principally
designed for the transport of persons and falls under the type
of vehicles provided for in heading 8703.
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HOLDING:
The Laforza, although not fitted with an engine and
transmission and certain design features at the time of
importation, has the essential character of a complete motor
vehicle that is principally designed for the transport of
persons, and, therefore, is classified in subheading
8703.24.0075, HTSUSA.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc: AD NY Seaport
2cc: Chief, CIE
1cc: NIS DeSoucey
1cc: Director, Trade Ops
1cc: AC, CO
1cc: Durant
1cc: Reading File
LIBRARY: valentin
FILE NAME: 084896
Source: rulings.cbp.gov — ruling 084896, retrieved 2026-10-12T05:18:51Z, republished verbatim. This digest is informational; only CBP issues binding rulings.