The tariff classification of a cycle from China

N167759 June 20, 2011 CLA-2-87:OT:RR:NC:N1:101 CATEGORY: Classification TARIFF NO.: 8712.00.5000 Mr. Stephen H. Wagner, Attorney Fuerst Ittleman, PL 1001 Brickell Bay Drive, 32nd Floor Miami, FL 33131-4905 RE: The tariff classification of a cycle from China Dear Mr. Wagner, In your letter dated May 23, 2011, you requested a tariff classification ruling on behalf of your client, Zike, LLC of Greenville, South Carolina. The item has been identified as the Hotshot Scooter (Model # SA90057G). Its frame is made of tubular steel with a single bottom bracket; it has approximately nine (9) inch (22.86 cm), solid front and rear tires. You state in your submission that the Hotshot is designed to be ridden by children between five (5) and eight (8) years of age weighing one hundred (100) pounds or less. The horizontal scoop handlebars are adjustable to a rider’s height and fold for easy carrying. You further state that all Zike products are designed as “stepper scooters”; that is, forward propulsion is imparted by the rider stepping down on laterally mounted pedals in an alternate right-left-right-left motion. The pedals, themselves, are connected to a drive chain that propels the rear wheel. Steering of the Scooter is performed by the rider via handlebars mounted onto the front end of the frame. Braking is accomplished via hand brakes attached to the handlebars. You suggest classification of the Hotshot Scooter, which is a cross between a bicycle and a scooter, as a wheeled toy classifiable under subheading 9503.00.0083, HTSUS. However, while it may have some features similar to a scooter, it has pedals attached to a free wheeling hub which allows the rider to coast without having to pedal constantly. CBP has ruled that this feature excludes its classification as a wheeled toy. Classification of goods in the Harmonized Tariff Schedule of the United States (HTSUS) is governed by the General Rules of Interpretation (GRIs) GRI 1. states “ classification shall be determined according to the terms of the heading … .” Heading 8712 provides for “ … other cycles … , not motorized.” The applicable classification subheading for the Hotshot Scooter (Model # SA90057G) will be 8712.00.5000, (HTSUS), which provides for “ … other cycles … , not motorized: Other cycles.” The rate of duty will be 3.7%. 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