The tariff classification of a cycle from France

N124575 October 15, 2010 CLA-2-87:OT:RR:NC:N1:101 CATEGORY: Classification TARIFF NO.: 8711.90.0000 Andy Barrett Barrett Trade Services, LLC 8381 NW 68th St. Miami, FL 33166-2663 RE: The tariff classification of a cycle from France Dear Mr. Barrett, In your letter dated September 22, 2010, you requested a tariff classification ruling on behalf of your client, Atelier Gourmet, Inc. of Miami, Florida. The item under consideration has been identified as a Cyclocargo®. It is a three-wheeled, motor-assisted cycle with a plastic body overlay shaped like a horizontal triangle that has a cargo area in its rear. It has the following specifications: 75 inches in height by 104 inches in length by 39 inches in width Weight of 278 lbs with a load capacity of 397 lbs A cargo area of 35 cubic feet A Polyethylene body with aluminum frame 8 speed shifters on the handlebar 8 inch hydraulic brakes 3 x 26 inch wheels with run flat tires In addition you state that the Cyclocargo® has an electrical assist mode with the following features: 250W electric motor powered by an 8 Amp – 24 Volt Ion Lithium battery An autonomous electric range, unassisted, of 31 miles. The applicable classification subheading for the Cyclocargo® 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 … : 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