Bicycles; HQ 087735; HQ 950319.

HQ 088666 December 23, 1991 CLA-2 CO:R:C:M 088666 AJS CATEGORY: Classification TARIFF NO.: 8712.00.25; 8712.00.35. John N. Politis, Esq. Politis, Pollack & Doram Attorneys at Law 3255 Wilshire Blvd. Suite 1688 Los Angeles, CA 90010 RE: Bicycles; HQ 087735; HQ 950319. Dear Mr. Politis; This is in reply to your letter of February 6, 1991, regarding the tariff classification of the models A05, C20 and C30 bicycles. FACTS: The articles at issue are the A05, C20 and C30 bicycles. They each possess wheels exceed 63.5 cm in diameter, and weigh less than 16.3 kg complete without accessories. In addition, they all possess the same frame except that the rear bridge of the C30 is mounted 6 mm higher on the frame. ISSUE: Whether the subject bicycles are properly classifiable within subheading 8712.00.25, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for "bicycles having both wheels exceeding 63.5 cm in diameter: [i]f weighing less than 16.3 kg complete without accessories and not designed for use with tires having a cross-sectional diameter exceeding 4.13 cm."; or classifiable within subheading 8712.00.35, HTSUS, which provides for "other" bicycles having wheels exceeding 63.5 cm in diameter. -2- LAW AND ANALYSIS: In HQ 087735 (August 27, 1990), Customs interpreted the predecessor provision of subheading 8712.00.25, HTSUS (i.e., 8712.00.20). We stated that in order for a bicycle to be classified in this provision, the importer must demonstrate that there are important design features in the bicycle that preclude the use of tires exceeding 1.625 inches (currently 4.13 cm). Furthermore, it is not enough to prove that a bicycle was designed with smaller tires in mind. The use of larger tires must be inconsistent with the safe and proper operation of the bicycle. In HQ 950319 (December 11, 1991), Customs specified the proper procedure for determining whether a bicycle is "not designed for use with tires having a cross-sectional diameter exceeding 4.13 cm." In this ruling, we stated that if a clearance of greater than 1.6 mm does not exist between the bicycle tire and fork or any frame member when the wheel assembly is rotated to any position, then the bicycle is classifiable within subheading 8712.00.25, HTSUS. In the models A05 and C20 a permanently affixed rear reflector is attached to the rear bridge. The distance between a 4.13 cm tire and this reflector is minus 3.65 mm. Therefore, a clearance of greater than 1.6 mm does not exist between the tire and a frame member. Accordingly, both of these models are properly classifiable within subheading 8712.00.25, HTSUSA. The model C30 is the same as the other two, except that the rear bridge is mounted 6 mm higher on the frame. The distance between a 4.13 cm tire and rear reflector is plus 2.35 mm. In HQ 950319, we stated that if the clearance between the tire and frame member exceeds 1.6 mm, and no substantial work involving welding or other frame adjustment is necessary to accommodate a tire with a width greater than 4.13 cm, then the bicycle is classifiable within subheading 8712.00.35, HTSUS. The C30 satisfies this description. There is no indication that any substantial work is necessary in this instance. Therefore, the C30 is classifiable within subheading 8712.00.35, HTSUS. It is claimed that if the tolerances in the fixed dimensions are taken into account, it is possible that the above clearance for the C30 will only be 0.35 mm. In HQ 950319, we stated that a clearance of greater than 1.6 mm must exist when the wheel assembly is rotated to any position. We did not state that this clearance must exist when possible wheel tolerances are taken into account. What is critical in this case is the fact that the C30 has a clearance of 2.35 mm, and no substantial work is necessary to accommodate a tire with a width exceeding 4.13 cm. -3- HOLDING: The models A05 and C20 bicycles are classifiable within subheading 8712.00.25, HTSUS, which provides for "[b]icycles having both wheels exceeding 63.5 cm in diameter: [i]f weighing less than 16.3 kg complete without accessories and not designed for use with tires having a cross-sectional diameter exceeding 4.13 cm." The model C30 bicycle is classifiable within subheading 8712.00.35, HTSUS. which provides for "other" bicycles having both wheels exceeding 63.5 cm. Sincerely, John Durant, Director Commercial Rulings Division