The tariff classification of a gas powered moped from China

N289265 August 18, 2017 CLA-2-87:OT:RR:NC:N2:101 CATEGORY: Classification TARIFF NO.: 8711.10.0000 Roger Lamar Watford Jolly Roger Mobility Scooters 2102 Ave N Galveston, Texas 77550 RE: The tariff classification of a gas powered moped from China Dear Mr. Watford: In your letter dated August 11, 2017 you requested a tariff classification ruling. The item under consideration has been identified as a pedal assisted moped. In your request you state that the scooter is 47 inches long, is designed for off road use, has a top speed 27 mph, weighs 168 lbs., and can carry a passenger up to 275 lbs. The moped is powered by a 49cc gas motor, with a pedal assist that allows the rider to pedal the moped like a bicycle. You question whether the moped would require Department of Transportation (DOT) and Environmental Protection Agency (EPA) certification. It is beyond the purview of this office to comment on whether a specific motor vehicle requires DOT or EPA approval. To ascertain the applicability of any certifications needed for this vehicle you may contact the U.S. Department of Transportation by telephone at 1-800-366-4000 or by writing to the National Highway Traffic Safety Administration (NSA-32), 1200 New Jersey Avenue, SE, Washington, D.C. 20590. You may contact the Environmental Protection Agency by telephone at (202) 564-4700 or by writing to the Environmental Protection Agency, 1200 Pennsylvania Avenue, N.W. Washington, D.C. 20460. The applicable subheading for the moped will be 8711.10.0000, 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 reciprocating internal combustion piston engine of a cylinder capacity not exceeding 50 cc”. 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 [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division