The tariff classification of motorized bicycles from China

N072499 September 15, 2009 CLA-2-87:OT:RR:NC:N1:101 CATEGORY: Classification TARIFF NO.: 8711.90.0000 Armstrong Soo 2283 Magnolia Bridge Drive San Ramon, CA 94582-2501 RE: The tariff classification of motorized bicycles from China Dear Mr. Soo, In your letter dated August 12, 2009, you requested a tariff classification ruling. The items under consideration are three (3) two-wheeled bicycles fitted with auxiliary motors. The first model has been identified as FDE-02F, which is a foldable, six-geared bicycle built with an aluminum alloy 6061 T6 frame and 20 inch by 2.125 inch tires. The second model has been identified as FDE14, which is a six-geared bicycle built with an aluminum alloy 6061 T6 frame and 20 inch by 1.95 inch, puncture-resistant K-shield tires. The third model has been identified as FDE44, which is a six-geared bicycle built with an aluminum alloy 6061 T6 frame and 26 inch by 1 ¾ inch, puncture-resistant CST tires. In your ruling request, you state that all three (3) models are equipped with and propelled by both pedals and/or a 250-Watt or 350-Watt brushless, geared hub motor powered by a 36-Volty battery affixed behind the seat tube. You also state that the approximate dimensions for all three (3) bicycles is 62 inches in length by 10 inches in width and 44 inches in height, with a weight of approximately 60 lbs and a top motor-assisted speed of 16 mph. The applicable classification subheading for the Motorized Bicycles (Models # FDE-02F, FDE14 and FDE44) will be 8711.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars … : Other.” The rate of duty will be Free. Duty rates are provided for your convenience and are subject to change. The text of the most recent Harmonized Tariff Schedule of the United States and the accompanying duty rates are provided on the World Wide Web at http://ww.usitc.gov /tata/hts/. 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 Richard Laman at 646-733-3017. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division