The tariff classification of a mountain bicycle from Italy

N339879 May 10, 2024 CLA-2-87:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 8712.00.3500 Mr. Martin Pacholuk 680 Loma Vista Ter Pacifica, CA 94044 RE:      The tariff classification of a mountain bicycle from Italy Dear Mr. Pacholuk: In your letter submitted May 2, 2024, you requested a tariff classification ruling. A description of the “Cannondale Scalpel 1 Lefty,” SKU 238391002003, mountain bicycle was submitted with your inquiry.  The bicycle features FlexPivot kinematics and Proportional Response suspension.  You also confirmed that both the front and rear wheel’s diameter measure 29” (73.66 cm), the cross-sectional diameter of the tire measures 2.4” (6.09 cm) and that the weight of the bicycle without any accessories is 24.25 pounds (10.99 kg).  The applicable subheading for the Cannondale Scalpel 1 Lefty will be 8712.00.3500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Bicycles and other cycles (including delivery tricycles), not motorized: Bicycles having both wheels exceeding 63.5cm in diameter: Other.” “Bicycles … , not motorized: Bicycles having both wheels not exceeding 63.5 cm in diameter: Having both wheels not exceeding 50 cm in diameter.”  The rate of duty will be 11%. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).The holding set forth above applies only to the specific factual situation and merchandise descriptions as identified in the ruling request. This position is clearly set forth in 19 C.F.R. § 177.9(b)(1). In the event that the facts or merchandise are modified in any way, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and you should resubmit for a new ruling in accordance with 19 C.F.R. § 177.2. 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 Roseanne Murphy at Roseanne.j.murphy@cbp.dhs.gov.Sincerely,Steven A. MackDirectorNational Commodity Specialist Division Sincerely, Steven A. Mack Director National Commodity Specialist Division