The tariff classification of an electrically-powered, motorized scooter kit from China

N146875 March 3, 2011 CLA-2-87:OT:RR:NC:N1:101 CATEGORY: Classification TARIFF NO.: 8708.99.8180; 8714.19.0060; 8714.99.8000 Roy Beal Bad Lama, LLC 401 N. Tumbleweed Trail Austin, TX 78733-3228 RE: The tariff classification of an electrically-powered, motorized scooter kit from China Dear Mr. Beal, In your letter dated February 7, 2011, you requested a tariff classification ruling. The item under consideration has been identified as a wheeled Motorized Scooter Drive Assembly Kit for scooters or other motorized applications. You state that the assembly includes the motor, frame, wheels, front fork with wheel, rim, handlebars, bearings, wires, electric controller, tires, charger, electric throttle, batteries, brakes, various nuts, bolts, clamps, connectors, miscellaneous electrical connectors and the entire drive assembly and controls. You state that the Kit will contain either 2-3 wheels, depending on its intended application and/or use, has motorcycle-type steering on the three-wheeled Kit with braking on its handlebars and that the motor on any Kit may generate anywhere from 250 to 2000 watts or above. The applicable classification subheading for the wheeled Motorized Scooter Drive Assembly Kit if used as part of a motor vehicle for the transportation of persons or goods will be 8708.99.8180, HTSUS, which provides for “Parts … of … motor vehicles … : Other parts … : Other: Other: Other: Other: Other: Other”. The rate of duty will be 2.5%. The applicable classification subheading for the wheeled Motorized Scooter Drive Assembly Kit if used as part of a motorcycle will be 8714.19.0060, which provides for “Parts … of [motorcycles]: Of motorcycles: Other: Other”. The rate of duty will be Free. The applicable classification subheading for the wheeled Motorized Scooter Drive Assembly Kit if used as part of a cycle other than a motorcycle or moped will be 8714.99.8000, which provides for “Parts … of [cycles other than motorcycles or mopeds]: Other: Other: Other”. The rate of duty will be 10%. 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/. In your request, you also ask about the appropriate country of origin marking for the Kits. To provide this determination, we would need to know exactly in what manner the Kits are being imported: bagged in crates or boxes, assembled or unassembled, etc. If you decide to re-submit a request for this information, please be as specific as possible regarding all aspects of exactly how the Kits will be imported. 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