Modification of NY N309547; Classification of the Cub Cadet Utility Vehicles
Active· CBP ruling HQ H339953· Issued 2025-04-03
Ruling text
H339953
April 3, 2025
OT:RR:CTF:EMAIN H339953 MFT
CATEGORY: Classification
TARIFF NO.: 8703.21.01
Ms. Marilyn-Joy Cerny Sandler, Travis & Rosenberg, P.A. 5835 Waterford District Drive, Suite 200 Miami, FL 33126 Re: Modification of NY N309547; Classification of the Cub Cadet Utility Vehicles Dear Ms. Cerny: This letter is in response to your request, dated June 18, 2024, and filed on behalf of your client MTD Consumer Group, Inc. (MTD), for the modification of New York Ruling Letter (NY) N309547, issued on March 3, 2020, in which U.S. Customs and Border Protection (CBP) classified a certain four-wheeled utility vehicle under heading 8704 of the Harmonized Tariff Schedule of the United States (HTSUS). We have reviewed NY N309547 and determined that its reasoning is in error considering additional information you provided on the subject merchandise. Accordingly, for the reasons set forth below, CBP is modifying NY N309547. Pursuant to Section 625(c)(1) of the Tariff Act of 1930 (19 U.S.C. § 1625(c)(1)), as amended by Section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. No. 103-182, 107 Stat. 2057, 2186 (1993), notice of the proposed action was published on November 27, 2024, in Volume 58, Number 47, of the Customs Bulletin. No comments were received in response to this notice. FACTS: The pertinent facts of NY N309547 are as follows: The item under consideration has been identified as the MTD Cub Cadet, a 4- wheeled, utility vehicle powered by a 546cc spark-ignition internal combustion
engine. The vehicle is equipped with two (2) bucket seats and an open rear cargo bed with a 500lb payload capacity. The vehicle measures 118 inches by 61.75 inches by 76.75 inches, and weighs approximately 1,456lbs. You clarify that MTD’s underlying application for a binding ruling on the Cub Cadet referenced four models not mentioned in NY N309547. These models are the M 550, MX 550, M 750, and MX 750. The “M” and “MX” designations signify different packages for standard features. You indicate that the “M” models have fewer features that come standard than the “MX” models. Additionally, the “550” and “750” designations reflect the models’ approximate engine displacement. The M 550 and MX 550 have 546cc engines, while the M 750 and MX 750 have 735cc engines. You indicate that each model at issue was designed and equipped with certain structural and auxiliary features that come standard. The standard structural features include: (1) a rollover protection structure, including bars designed for driver and passenger safety; (2) three-way adjustable suspension systems to enhance traction and driver and passenger comfort on trails; (3) steel skid plates to prevent sticks or other debris from puncturing the floor of the passenger compartment and allow the vehicles to slide over rocks or other debris; (4) partial or full doors for driver and passenger hip and shoulder retention while riding on rough terrain; (5) front, or front and rear, lockable differentials for increased traction in offroad conditions; (6) three-way adjustable shocks for better traction and comfort on off-road terrain; (7) front and rear sway bars to keep the vehicles from pitching and rolling while driving at speed over rough terrain; (8) paint, wiring, fuse boxes, seat fabric, and seat stitching designed to withstand pressure washing after muddy trail rides; (9) low-pressure 26-inch tires with offroad and trail tread patterns to help grip uneven terrain; (10) on-demand four-wheel drive for enhanced offroad traction; (11) front suspension with nine inches of travel and a rear suspension with eight inches of travel to maintain ground contact while traveling at speed over uneven ground; (12) multi-ply tires to prevent punctures on rough terrain; (13) seventy-six-inch wheelbase for stability on uneven terrain and slopes; 2
(14) between 11.6 and 13 inches of ground clearance to traverse debris-strewn trails; and (15) specially positioned air intakes to prevent drawing dust and dirt into the engine and enhance fording capabilities. The standard auxiliary features include: (1) an ergonomic foam seating specifically designed to provide a comfortable ride and lumbar support for the driver and passenger; (2) specially located and designed permanent, three-point safety belts for the driver and passenger; (3) sensors which limit vehicle speed to 15 mph if the driver’s safety belt is not buckled; (4) cupholders for the driver and passenger’s convenience; (5) glove box and front storage to store personal effects; (6) twelve-volt power outlet for charging passenger electronics such as smartphones; (7) noise dampening ducts and engine isolation for a quieter and more comfortable ride; and (8) compatibility with optional passenger-oriented add-ons, including soundbars, cabin heaters, full doors, windshields, lighting, and grab bars. Additionally, the MX models of the Cub Cadet include power steering, head restraints, a front- mounted winch, finished lower doors, and a roof. You further indicate that the Cub Cadet was designed primarily “for offroad recreational riding, transporting passengers for outdoor activities such as camping, hunting, and fishing, and for occasional outdoor work.” CBP classified the Cub Cadet utility vehicles under heading 8704, HTSUS, specifically subheading 8704.31.00, HTSUS, which provides for, “Motor vehicles for the transport of goods: Other, with spark-ignition internal combustion piston engine: G.V.W. not exceeding 5 metric tons: G.V.W. not exceeding 2.5 metric tons.” You argue that the subject merchandise is properly classified under heading 8703, HTSUS, specifically subheading 8703.21.01, HTSUS, 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 vehicles, with only spark-ignition internal combustion piston engines: Of a cylinder capacity not exceeding 1,000 cc.” ISSUE: Whether the subject Cub Cadet utility vehicles are classified under heading 8703, HTSUS, as “other motor vehicles principally designed for the transport of persons,” or under heading 8704, HTSUS, as “motor vehicles for the transport of goods.” 3
LAW AND ANALYSIS: Classification under the HTSUS is in accordance with the General Rules of Interpretation (GRIs). GRI 1 provides that the classification of goods will be determined according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs 2 through 6 will then be applied in order. The 2025 HTSUS headings under consideration 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: The Explanatory Notes (ENs) to the Harmonized Commodity Description and Coding System represent the official interpretation of the tariff at the international level. While neither legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings.1 Whether a motor vehicle is principally designed for the transport of persons, goods, or equally designed for transport of both persons and goods, is a fact-intensive inquiry decided on a case-by-case basis. The Court of Appeals for the Federal Circuit explored this inquiry in Marubeni America Corp. v. United States: By the express language of 8703, “motor vehicle principally designed for the transport of persons,” it is clear that the vehicle must be designed "more" for the transport of persons than goods. Webster’s Third New International Dictionary of the English Language, Unabridged (1986) defines “principally” as “in the chief place, chiefly;” and defines “designed” as “done by design or purposefully opposed to accidental or inadvertent; intended, planned.” Thus, if the vehicle is equally designed for the transport of goods and persons, it would not be properly classified under 8703, HTSUS. There is nothing in the legislative history that indicates a different meaning. [. . .] While we find it unnecessary to assign a quantitative value to “principally,” the statutory language is clear that a vehicle's intended purpose of transporting persons must outweigh an intended purpose of transporting goods. To make this determination, we find that both the structural and auxiliary design features must be considered. This construction comports with Customs’ interpretations and the 1 See T.D. 89-80, 54 Fed. Reg. 35127, 35127–28 (Aug. 23, 1989). 4
CIT’s analysis; and it is equally consistent with the common and popular meaning of the terms.2 More recently, the Federal Circuit stated in Ford Motor Co. v. United States that “heading 8703 is an eo nomine provision for which consideration of use is appropriate because HTSUS Heading 8703 inherently suggests looking to intended use.”3 We thus consider Marubeni and Ford together as standing for the principle that a motor vehicle of heading 8703, HTSUS, must be designed “more” for the transport of persons than goods”, “even if they are equally designed for the transport of persons and goods, [such vehicles] will fall under heading 8704, HTSUS.”4 With further regard to this inquiry, CBP has previously noted the following: The determination whether a vehicle is primarily for the transport of goods or persons is a fact-intensive issue that relies heavily on the presence or absence of certain features in a vehicle. This analysis has been consistently applied in prior CBP rulings spanning a wide range of vehicles. HQ H268649 (Aug. 14, 2016) (Muck-Truck Pedestrian Dumper); NY N304428 (May 29, 2019) (1994 Land Rover Defender); NY N287720 (June 30, 2017) (electric trucks); NY N285120 (April 11, 2017) (EV2plus+ Mini Car, and an EV4plus+ Mini Car); NY L85735 (June 29, 2005) (golf-cart style "dumper" vehicle). Additionally, we are mindful that the courts have instructed us that if a vehicle is equally designed for transport of both passengers and goods, it cannot be classified under heading 8703, HTSUS. Marubeni, 35 F.3d at 534. Finally, we also consider intended use of the vehicle when determining whether it should be classified in heading 8703, HTSUS.5 We additionally emphasize that this inquiry is subject to the facts as they are described to CBP. As such, the determination reached in one inquiry may not necessarily apply to another transaction, thus the specific facts supporting the structural and auxiliary features exhibited by a motor vehicle will govern the disposition of the merchandise.6 The ENs to headings 8703 and 8704, HTSUS, offer some guidance as to the structural and auxiliary features that are generally applicable to vehicles classified under the respective headings. The EN to heading 8703, HTSUS, provides in pertinent part: The classification of certain motor vehicles in this heading is determined by certain features which indicate that the vehicles are principally designed for the transport of persons rather than for the transport of goods (heading 87.04). These features are 2 Marubeni Am. Corp. v. United States, 35 F.3d 530, 534–35 (Fed. Cir. 1994). 3 See Ford Motor Co. v. United States, 926 F.3d 741, 753 (Fed. Cir. 2019). 4 See Headquarters Ruling Letter (HQ) H318061 (May 23, 2023) (classification of Nissan “S-Cargo” vans). 5 Id. 6 “Each ruling letter is issued on the assumption that all of the information furnished in connection with the ruling request and incorporated in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect. The application of a ruling letter by a Customs Service field office to the transaction to which it is purported to relate is subject to the verification of the facts incorporated in the ruling letter, a comparison of the transaction described therein to the actual transaction, and the satisfaction of any conditions on which the ruling was based.” See 19 C.F.R. § 177.9(b). 5
especially helpful in determining the classification of motor vehicles which generally have a gross vehicle weight rating of less than 5 tonnes and which have a single enclosed interior space comprising an area for the driver and passengers and another area that may be used for the transport of both persons and goods. Included in this category of motor vehicles are those commonly known as "multipurpose” vehicles (e.g., van-type vehicles, sports utility vehicles, certain pick-up type vehicles). The following features are indicative of the design characteristics generally applicable to the vehicles which fall in this heading: (a) Presence of permanent seats with safety equipment (e.g., safety seat belts or anchor points and fittings for installing safety seat belts) for each person or the presence of permanent anchor points and fittings for installing seats and safety equipment in the rear area behind the area for the driver and front passengers; such seats may be fixed, fold-away, removable from anchor points or collapsible; (b) Presence of rear windows along the two side panels; (c) Presence of sliding, swing-out or lift-up door or doors, with windows, on the side panels or in the rear; (d) Absence of a permanent panel or barrier between the area for the driver and front passengers and the rear area that may be used for the transport of both persons and goods; (e) Presence of comfort features and interior finish and fittings throughout the vehicle interior that are associated with the passenger areas of vehicles (e.g., floor carpeting, ventilation, interior lighting, ashtrays). The EN to heading 8704, HTSUS, provides in pertinent part: The classification of certain motor vehicles in this heading is determined by certain features which indicate that the vehicles are designed for the transport of goods rather than for the transport of persons (heading 87.03). These features are especially helpful in determining the classification of motor vehicles, generally vehicles having a gross vehicle weight rating of less than 5 tonnes, which have either a separate closed rear area or an open rear platform normally used for the transport of goods, but may have rear bench-type seats that are without safety seat belts, anchor points or passenger amenities and that fold flat against the sides to permit full use of the rear platform for the transport of goods. Included in this category of motor vehicles are those commonly known as “multipurpose” vehicles (e.g., van-type vehicles, pick-up type vehicles and certain sports utility vehicles). The following features are indicative of the design characteristics generally applicable to the vehicles which fall in this heading: 6
(a) Presence of bench-type seats without safety equipment (e.g., safety seat belts or anchor points and fittings for installing safety seat belts) or passenger amenities in the rear area behind the area for the driver and front passengers. Such seats are normally fold-away or collapsible to allow full use of the rear floor (van- type vehicles) or a separate platform (pick-up vehicles) for the transport of goods; (b) Presence of a separate cabin for the driver and passengers and a separate open platform with side panels and a drop-down tailgate (pick-up vehicles); (c) Absence of rear windows along the two side panels; presence of sliding, swing- out or lift-up door or doors, without windows, on the side panels or in the rear for loading and unloading goods (van-type vehicles); (d) Presence of a permanent panel or barrier between the area for the driver and front passengers and the rear area; (e) Absence of comfort features and interior finish and fittings in the cargo bed area which are associated with the passenger areas of vehicles (e.g., floor carpeting, ventilation, interior lighting, ashtrays). Based on the structural and auxiliary features of the subject Cub Cadet vehicles, we find that the merchandise is properly classified as one primarily designed for the transportation of passengers, not goods, and is thus classifiable under heading 8703, HTSUS, by application of GRI 1. The vehicles in this case share many of the design characteristics described in the EN to heading 8703, HTSUS, that are applicable to vehicles classifiable under that heading. For example, the subject merchandise includes safety features such as permanent, three-point safety belts for the driver and passenger, sensors that limit the vehicle speed to 15 mph if the driver’s safety belt is not buckled, and a rollover protection structure and bars. Each of these physical characteristics indicate that driver and passenger safety are a significant concern. Driver and passenger comfort was also prioritized in the Cub Cadet’s design, as evinced by the several comfort features and finishings such as the three-way adjustable suspension system, ergonomic foam seating with lumbar support, cupholders, glove box, and twelve-volt power outlet. Although individually, none of these may be determinative, when taken as a whole, these physical characteristics all demonstrate that the utility vehicles under consideration are primarily used for the transport of persons, and the facts indicate with particularity its fitness for use in transporting persons for offroad recreational activities. As such, the subject Cub Cadet utility vehicles are properly classified under heading 8703, HTSUS, as a motor vehicle principally for the transport of persons. HOLDING: By application of GRIs 1 and 6, the subject Cub Cadet utility vehicles are classified under heading 8703, HTSUS, specifically subheading 8703.21.01, HTSUS, which provides for, “Motor cars and other motor vehicles principally designed for the transport of persons (other 7
than those of heading 8702), including station wagons and racing cars: Other vehicles, with only spark-ignition internal combustion piston engines: Of a cylinder capacity not exceeding 1,000 cc.” The general column one rate of duty is 2.5 percent ad valorem. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8703.21.01, HTSUS, unless specifically excluded, are subject to an additional 2.5 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.01, in addition to subheading 8703.21.01, HTSUS, listed above. The HTSUS is subject to periodic amendment, so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively. EFFECT ON OTHER RULINGS: CBP Ruling NY N309547 is hereby MODIFIED. In accordance with 19 U.S.C. § 1625(c), this ruling will become effective 60 days after publication in the Customs Bulletin.
Sincerely,
Yuliya A. Gulis, Director Commercial and Trade Facilitation Division 8
Source: rulings.cbp.gov — ruling H339953, retrieved 2026-10-12T05:48:33Z, republished verbatim. This digest is informational; only CBP issues binding rulings.