The tariff classification of a Razor Scooter from China

N107935 June 25, 2010 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0080 Ms. Ann Shih Razor USA LLC 16200-A Carmenita Road Cerritos, CA 90703 RE: The tariff classification of a Razor Scooter from China Dear Ms. Shih: In your letter dated May 28, 2010, you requested a tariff classification ruling. Photographs and supporting documentation for the Razor Electric Scooter were submitted with your inquiry. The scooter is available in various models numbers, E100, E125, E150 and E175, which identify various colors, decals and packaging exclusive to certain retail outlets but they are constructed the same. Each scooter, which is constructed of a combination of aluminum tubing and steel, contains two 12 volt (24 volt total) rechargeable batteries that power a chain-driven motor and allows for 40 minutes of continuous use with a speed of up to 10 miles per hour (mph). The child-sized deck and frame can support a maximum weight of 120 pounds. In order to activate the electric motor, the child must propel the scooter by foot up to 3 mph before the motor will engage by applying the twist grip throttle on the handlebar. Other features include a hand-operated brake, folding handlebar, 8” pneumatic front tire, 4.9” polyurethane rear wheel and battery charger. The Razor Electric Scooter is a wheeled toy designed to be ridden by children 8 years of age and up for amusement purposes. The applicable subheading for the Razor Electric Scooters, models numbers E100, E125, E150 and E175, will be 9503.00.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Tricycles, scooters, pedal cars and similar wheeled toys…dolls, other toys…puzzles of all kinds; parts and accessories thereof…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 HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.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 James Forkan at (646) 733-3025. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division