The tariff classification of a "Micro Scooter" from China

NY G80928 August 15, 2000 CLA-2-87:RR:NC:MM:101 G80928 CATEGORY: Classification TARIFF NO.: 8716.80.5090 Mr. Ron Reuben Technical Advisor Danzas AEI Customs Brokerage Services 5510 West 102nd Street Los Angeles, California 90045 RE: The tariff classification of a "Micro Scooter" from China Dear Mr. Reuben: In your letter dated July 25, 2000 you requested a tariff classification ruling on behalf of your client Huffy Bicycles, Inc. You submitted a sample of the "Micro Scooter" that has the following features: The scooter consists of an aluminum platform on which an individual can stand to operate the vehicle by using a leg to push on the ground below. The platform is 20 inches (50 cm) long by 4 inches (10 cm) wide, with a retractable, two position steering column. The retractable steering column measures 18 inches (45 cm) at its shortest. Its full extension measures an additional 13 inches (33 cm). The desired extension is locked into place by a locking lever located on the column. The steering column is welded to a two-position swivel that is mounted on the platform. One position locks the steering column into a ready-to-use position, perpendicular to the platform. The other position locks the steering column into a snug, carrying or storage position parallel to the platform. A lever is used to change positions. The scooter has two hard plastic wheels, both with a 4-inch (10-cm) diameter. The rear wheel is welded to the rear of the platform and the front wheel is welded to the steering column. The rear wheel is protected by a 2-inch by 5-inch fender. The fender also provides some braking ability when the user presses the fender directly onto the rear wheel. The scooter weighs 6.5 lbs. For storage compactness, the two steering handles can be removed by pushing the buttons in the eyeholes on the top of the steering column. You state that the importer believes that the Micro Scooter can be classified HTS 9501.00.4000, which provides for Wheeled toys designed to be ridden by children (for example, tricycles, scooters, pedal cars); dolls' carriages and dolls strollers; parts and accessories thereof: Wheeled toys designed to be ridden by children and parts and accessories thereof: Other. We disagree with your proposed classification. HTS Heading 9501 covers “Wheeled Toys Designed To Be Ridden by Children”. For goods to fall within this heading, the wheeled product must be designed for exclusive use by children. Usually size makes that determination simple. However, in the case of a scooter, which is open in its design, the determination becomes a little more difficult. In the case of the instant product, it is of sturdy construction and is capable of holding up to two hundred fifty pounds. The fact that the product is small is a design feature to make it more portable when not in use. It is clear from the marketing that the instant scooter is not designed for use exclusively by children. Therefore, it can not be classified within heading 9501. The applicable subheading for the "Micro Scooter" will be 8716.80.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for Trailers and semi-trailers; other vehicles not mechanically propelled; and parts thereof: Other vehicles: Other…Other: Other. The rate of duty will be 3.2% ad valorem. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Robert DeSoucey at 212-637-7035. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division