HQ 087070: Modification of Headquarters Ruling Letter 086028, dated February 23, 1990; correction of typographical error; cab chassis with G.V.W. exceeding 5 metric tons but not exceeding 20 metric tons

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 087070

                          May 15, 1990

CLA-2 CO:R:C:G  087070  JMH

CATEGORY:  Classification

TARIFF NO.:  8704.22.1060

Mr. T. E. Reimers
Executive Vice President
Mitsubishi Fuso Truck of America, Inc.
P.O. Box 464
100 Center Square Road
Bridgeport, New Jersey  08014

RE:  Modification of Headquarters Ruling Letter 086028, dated
     February 23, 1990; correction of typographical error; cab
     chassis with G.V.W. exceeding 5 metric tons but not
     exceeding 20 metric tons

Dear Mr. Reimers:

     This letter modifies Headquarters Ruling Letter 086028 ("HQ
086028"), dated February 23, 1990.  HQ 086028 concerned the
classification of the Mitsubishi Fuso cab chassis model FM557
under the Harmonized Tariff Schedule of the United States
Annotated ("HTSUSA").  Numbers in the classification of the cab
chassis were transposed on page two.  The remainder of the ruling
is unchanged.

FACTS:

     The item in question, the Mitsubishi Fuso cab chassis model
FM557, is manufactured in Japan by Mitsubishi Motors Corporation.
This model is a cab-over-engine cab chassis.  It is powered by a
compression-ignition internal combustion engine.  The FM557
consists of a complete chassis (i.e., chassis-frame, engine,
transmission, steering gear, axles) that is fitted with a cab.
The FM557 has a G.V.W. of 32,600 lbs (14.8 metric tons).

LAW AND ANALYSIS:

     The classification of merchandise under the HTSUSA is
governed by the General Rules of Interpretation (GRI's).  GRI 1,
HTSUSA, states in part that "for legal purposes, classification
shall be determined according to the terms of the headings and
any relative section or chapter notes..."

                               -2-


      The relevant heading is heading 8704, HTSUSA, which
describes "Motor vehicles for the transport of goods..."  This is
supported by Chapter note 4 to Chapter 87, HTSUSA, which states
"Motor chassis fitted with cabs fall in headings 8702 to 8704..."
Within heading 8704, motor vehicles are classified according to
their metric tonnage.  The appropriate classification for the
FM557 is within subheading 8704.22.1060, HTSUSA, as "Motor
vehicles for the transport of goods...G.V.W. exceeding 5 metric
tons but not exceeding 20 metric tons...Cab chassis...G.V.W.
exceeding 12 metric tons but not exceeding 15 metric tons."

HOLDING:

     The appropriate classification for the Mitsubishi Fuso cab
chassis model FM557 is within subheading 8704.22.1060, HTSUSA, as
"Motor vehicles for the transport of goods...G.V.W. exceeding 5
metric tons but not exceeding 20 metric tons...Cab
chassis...G.V.W. exceeding 12 metric tons but not exceeding 15
metric tons."

                              Sincerely,



                              John Durant, Director
                              Commercial Rulings Division