Pulse 180 model bicycle; Subheading 8712.00.35; HQ 087735; HQ950319.

HQ 950625 December 23, 1991 CLA-2 CO:R:C:M 950625 AJS CATEGORY: Classification TARIFF NO.: 8712.00.25 Harold I. Loring, Esq. Grunfeld, Desiderio, Lebowitz & Silverman Counselors at Law 120 East 49th Street New York, N.Y. 10017 RE: Pulse 180 model bicycle; Subheading 8712.00.35; HQ 087735; HQ 950319. Dear Mr. Loring: Your request of August 26, 1991, on behalf of Dynacraft Industries, Inc., regarding the tariff classification of the 10S Pulse 180 Fitness Bicycle (Pulse 180), has been forwarded to this office for reply. FACTS: The subject merchandise consists of the Pulse 180 models 8570-3 (men's) and 8570-10 (ladies'). They each possess a 26" MTB welded frame, 26" (66.04 cm) x 1 3/8" (3.4925 cm) metal rims, 26 x 1.5" (3.81 cm) tires, wheels exceeding 63.5 cm in diameter, and weight 15.5 kg complete without accessories. ISSUE: Whether the subject Pulse 180s are properly classifiable within subheading 8712.00.25, Harmonized Tariff Schedule of the United States (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."; or classifiable within subheading 8712.00.35, HTSUS, which provides for "other" bicycles having both 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 (i.e., 8712.00. 20). We stated that for a bicycle to be classified within 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 tires exceeding 4.13 cm 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." That ruling stated that if a bicycle possesses rims for which there are no commercially available tires with a width greater than 4.13 cm, then the bicycle is classifiable within subheading 8712.00.25, HTSUS. You have submitted independent laboratory reports which indicate that the Pulse 180s cannot use the smallest commercially available tire which exceeds 4.13 cm (i.e., 4.445 cm). This conclusion is based on the fact that such a tire cannot be properly tucked into the Pulse 180's rims and then inflated. Furthermore, if a larger rim is used which can accept a 4.445 cm tire, then the brake calipers cannot be adjusted so that they operate properly. Accordingly, we conclude that the Pulse 180s are "not designed for use with tires having a cross-sectional diameter exceeding 4.13 cm." HOLDING: The subject Pulse 180s models are properly classifiable within subheading 8712.00.25, HTSUSA, 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.", currently dutiable at the General Column 1 rate of 5.5 percent ad valorem. Sincerely, John Durant, Director Commercial Rulings Division