The tariff classification of two electric assist tricycles from Denmark

N292063 November 17, 2017 CLA-2-87:OT:RR:NC:N2:201 CATEGORY: Classification TARIFF NO.: 8711.60.0000 Kelly D. Talcott, US Representative Copenhagen Cycles ApS Transgravscej 8 Copenhagen 1436 DENMARK RE: The tariff classification of two electric assist tricycles from Denmark Dear Ms.Talcott: In your letter dated November 13, 2017 you requested a tariff classification ruling. The items under consideration have been identified as two (2) models of electric assisted three-wheeled pedal cycles. The first item, the Trio "Taxi" model, is a three-wheeled, motor-assisted pedal cycle with a front-mounted passenger compartment. It has the following specifications: 89 inches in length, 42 inches in width, 45 inches in height; weight of 116 lbs. with a load capacity of 550 lbs. The passenger compartment is made of wood, while the cycle frame is made of aluminum. Each wheel is equipped with a hydraulic disc brake. The bike comes with a 9-speed derailleur rear hub with shifter mounted on the handlebar.
The “Taxi” has an electrical assist system which can be turned on or off at the operator's preference. You state that one model of the “Taxi” incorporates a 250 watt electric motor, powered by an 13.6 Amp-hour, 36 volt lithium-ion battery. While another version of the “Taxi” cycle incorporates a larger 500 watt electric motor powered by a 13.6 Amp-hour, 48 volt lithium-ion battery. The “Taxi” can be pedaled with no assistance from the electric motor, or with the motor assist operating together with the operator pedaling. The second item, the Christiania Bikes "5001" model, is a three-wheeled, motor-assisted pedal cycle with a front-mounted passenger compartment. It has the following specifications: 95 inches in length, 39 inches in width, 47 inches in height; weight of 130 lbs. with a load capacity of 550 lbs. The passenger compartment is made of wood, while the cycle frame is made of aluminum. The two front wheels each have a roller-type drum brake, and the rear wheel is equipped with a hydraulic disc brake. The bike comes with an 8-speed derailleur rear hub with shifter mounted on the handlebar.
The cycle is also equipped with an electrical assist system, which can be turned on or off at the operator's discretion. The “5001” model incorporates a 250 watt electric motor powered by an 15.6 Amp-hour, 36 volt lithium-ion battery. The applicable subheading for the Trio "Taxi" and Christiania Bikes "5001" will be 8711.60.0000, 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; side-cars: With electric motor for propulsion”. 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 https://hts.usitc.gov/current. 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 Matthew Sullivan at matthew.sullivan@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division