The tariff classification of a "Leitra Velomobile" from Denmark

NY J82695 March 25, 2003 CLA-2-87:RR:NC:MM:101 J82695 CATEGORY: Classification TARIFF NO.: 8711.90.0000 Mr. Sam Hobson 8828 SE 77th Place Mercer Island, Washington 98040 RE: The tariff classification of a “Leitra Velomobile” from Denmark Dear Mr. Hobson: In your letter dated March 17, 2003 you requested a tariff classification ruling. You submitted a picture of a “Leitra Velomobile”. You state that this is a vehicle with three wheels and a full fairing. It is designed for personal transportation: commuting, shopping, recreation, etc. This vehicle has an electric motor, but also has the option to be powered by pedaling. You state that the word “Velomobile” is an international word for such a vehicle and that the vehicle in question is marketed under the name “Leitra” and manufactured in Denmark by Leitra DK ApS. These are the technical specifications: Length: 196-205 cm (depending on the length of the passenger’s legs) Width: 98 cm Height: 120-140 cm (depending on the passenger’s height) Weight: 18-20 kg without fairing; with fairing and accessories 28-30 kg Payload: 100 kg Electric Motor: 12V Luggage Box: 100 liters The seat is approximately 30 cm above the ground. The applicable subheading for the “Leitra Velomobile” 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 sidecars; sidecars: Other. 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 Robert DeSoucey at 646-733-3008. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division