The tariff classification of an Electric "Sporty 24" Scooter and the Electric "Sporty Cruiser" from Taiwan

NY G85272 December 8, 2000 CLA-2-87:RR:NC:MM:101 G85272 CATEGORY: Classification TARIFF NO.: 8711.90.0000 Mr. Mike T. Tsou Executive Vice President Zenital Inc. 10135 Rose Avenue El Monte, California 91731 RE: The tariff classification of an Electric "Sporty 24" Scooter and the Electric "Sporty Cruiser" from Taiwan Dear Mr. Tsou: In your letter dated December 7, 2000 you requested a tariff classification ruling. You submitted photographs of an Electric "Sporty 24" Scooter in two versions: one without a seat (Item # 00003) and the other with a seat that will be called the "Sporty Cruiser." Both scooters are similar in design and appearance to the popular non-motorized, foldable, kick-type scooters except that they have an electric motor. Both scooters are not gas operated, they use two 12-volt batteries and a CPU system for operation. All units are rechargeable and cannot be used for transporting more than one person. The "Sporty 24" can reach a maximum sped to 15 miles per hour and the unit weighs 52.7 lbs. The "Sporty 24" measures unfolded at 40" x 14" x 48"; and folded at 41" x 14.5" x 13". The "Sporty 24" utilizes an 8" wheel base. Some of the features common to both electric scooters are: Easy to read 3 light control panel with safety start switch Patented double locking foldable body Quick release adjustable handlebar Anti-flammable ABS chassis with reinforced rail Aluminum large step plate with 2 piece resistant sand paper Rear drum brake and alloy brake lever with automatic power off system 8" pneumatic tire Belt drive transmission Universal 100V - 240V charger - quick charges in 1-4 hours with a light showing the status of the charge Electric system box with 3 different connectors Motor: 24V, 200W, 3000RPM Speed 13.75 MPH under 200 lb. Load Distance after full charge: 15 miles or 1 hour under 200 lb. Load You state that in the future you will be offering a scooter with a seat - the "Sporty Cruiser" and that it will have a 10" wheel base and no inclination in the front. You state that the higher wheel base and equal level without any incline in front gives the rider more cruising ability and easier control. You believe that if the unit with the seat has an incline in the front, this will cause the rider to lean back more and therefore will have less control of the scooter plus less visibility. The applicable subheading for the Electric "Sporty 24" Scooter and the Electric "Sporty Cruiser" will be 8711.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars: Other. The rate of duty will be Free. The duty rate will remain unchanged for the year 2001. 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