The tariff classification of a bicycle rack from Hong Kong

NY L87704 September 22, 2005 CLA-2-83:RR:NC:N1:121 L87704 CATEGORY: Classification TARIFF NO.: 8302.41.6080 Mr. Ronald A. McFarlane Glover Customs Brokers Inc. 1510 Walkley Road Ottawa, Ontario KIV 6P5 RE: The tariff classification of a bicycle rack from Hong Kong Dear Mr. McFarlane: In your letter dated August 30, 2005, you requested a tariff classification ruling. The sample you submitted, which will be returned to your office, is called the “Cycle-Rak 2000.” It is an unassembled, wall mounted, steel rack used for the storage, security and/or repair of a bicycle. It is composed of an arm housing, two telescoping arms, three screws and three corresponding washers. It is designed to be affixed to any surface, including brick, concrete, wood or steel. The two arms are inserted into the arm housing, which is screwed into the wall. The bike is held off the ground on the arms of the rack. Retail packaging indicates that the rack may be used with or without a lock, and that the lock is not included with the rack. You state in your letter that you believe the bike rack should be classified under subheading 7308.90.9590, HTS, as parts of structures. However, this rack is not an integral part of a structure, and therefore, is not the type of rack contemplated under that provision. This item is determined by this office to be a “part of general use” under heading 8302, HTS. The applicable subheading for the Cycle-Rak 2000 will be 8302.41.6080, Harmonized Tariff Schedule of the United States (HTS), which provides for base metal mountings, fittings and similar articles…other mountings, fittings and similar articles, and parts thereof, suitable for buildings, other, of iron or steel, of aluminum or of zinc, other. The rate of duty will be 3.9 percent 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 Barbara Kaiser at 646-733-3024. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division