8702.40 - With only electric motor for propulsion:

This HTS category, 8702.40, specifically classifies motor vehicles designed for the transport of ten or more persons, including the driver, when their sole means of propulsion is an electric motor. This excludes vehicles that utilize internal combustion engines in any combination with electric motors. The core characteristic for classification here is the exclusive reliance on electric power for locomotion.

It is crucial to distinguish 8702.40 from its sibling categories. 8702.10 covers vehicles propelled solely by compression-ignition internal combustion engines (diesel or semi-diesel). Categories 8702.20 and 8702.30 encompass vehicles that use a hybrid approach, combining both an internal combustion engine and an electric motor for propulsion, whether the internal combustion engine is compression-ignition or spark-ignition. 8702.90 serves as a residual category for other motor vehicles designed for transporting ten or more persons not otherwise specified.

Within 8702.40, further distinctions are made based on the vehicle's capacity. Subcategory 8702.40.31.00 applies to vehicles specifically designed to carry 16 or more persons, including the driver, emphasizing a higher passenger capacity threshold. The subcategory 8702.40.61.00 covers all other vehicles within the electric-propulsion-only scope of 8702.40 that do not meet the 16-person capacity requirement.