The tariff classification of an electric bicycle from China

N300488 September 17, 2018 CLA-2-87:OT:RR:NC:N2:201 CATEGORY: Classification TARIFF NO.: 8711.60.0000; 9903.88.02 Brian Batman TimberTrail Bikes, LLC 124 McHenry Road Lewisburg, PA 17837 RE: The tariff classification of an electric bicycle from China Dear Mr. Batman: In your letter dated September 9, 2018 you requested a tariff classification ruling. The item under consideration has been identified as an electric bicycle with 26 inch “fat” tires, no specific model number was provided. The electric bicycle is equipped with a 48V 10ah, 480WH battery which powers a pair of 48 volt (250w+350w geared) hub motors, disk brakes, and a 46T*165mm crankset. The applicable subheading for the electric bicycle 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. Please note effective July 6, 2018, the Office of the United States Trade Representative imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS.  For additional information see “Notice of Action and Request for Public Comment Concerning Proposed Determination of Action Pursuant to Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation” (June 20, 2018, 83 F.R. 28710).  Products of China that are provided for in subheading 9903.88.01 and classified in one of the subheadings enumerated in U.S. note 20(d) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by subheading 9903.88.02. Products of China classified under subheading 8711.60.0000, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty.  At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.02, in addition to subheading 8711.60.0000, HTSUS, listed above. The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading. 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 the 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