The tariff classification of a wheeled toy from China

NY G89575 April 19, 2001 CLA-2-95:RR:NC:SP:225 G89575 CATEGORY: Classification TARIFF NO.: 9501.00.2000 Mr. Michael H. Murray Schenker, Inc. 2375 Hadley Road Plainfield, Indiana 46168 RE: The tariff classification of a wheeled toy from China Dear Mr. Murray: In your letter dated April 13, 2001 you requested a tariff classification ruling on behalf of your client Safety 1st. A sample of the “10” Safety 1st, SFX” cycle was submitted for our examination. The product is designed for children up to 4 years of age. The item resembles a mini version of a bicycle with training wheels. However, there are distinct differences in the article's construction and size. The training wheels are not intended for removal, as the cycle does not incorporate a braking system. A warning to this effect appears on the instructions for use. Although chain-driven, the bicycle lacks a freewheeling hub, which is necessary to gain sustained momentum (or to coast on two wheels) as one can do on a standard bicycle. These features support classification of the article as a wheeled toy for children in Chapter 95. Your sample is being returned under separate cover. The applicable subheading for the “10” Safety 1st, SFX” cycle will be 9501.00.2000, Harmonized Tariff Schedule of the United States (HTS), 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: chain-driven wheeled toys. The rate of duty will be free. 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 Alice J. Wong at 212-637-7028. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division