CATEGORY: Classification s117

NY A81574

April 15, 1996

CLA-2-87:RR:NC:MA:101 A81574

CATEGORY: Classification

TARIFF NO.: 8711.90.0000

Mr. Harold J. Rubel H.J. RUBEL & ASSOCIATES 3635 Forest Hills Drive Bloomfield Hills, MI 48304

RE: The tariff classification of a motorized scooter, an electrical bicycle and an electric scooter from Taiwan

Dear Mr. Rubel:

In your letter dated March 7, 1996 you requested a tariff classification ruling.

The first item concerned is the SPORT-PED Micro-Scooter (Model #E-100). It is a two-wheeled scooter with handlebars and seat which allows you to stand or sit while moving. It weighs 14 kgs., has a maximum speed of 15-20 mph., a 12-volt battery, chain drive or belt drive transmission, a running time of 1« hrs., a charge-time of maximum 7 hrs. and a maximum carrying capacity of 85 kgs. Included with the scooter is an automobile and house charger. You state that the manufacturer is Whalinger Enterprise Co., Ltd.

The applicable subheading for the SPORT-PED Micro-Scooter (Model #E-100) will be 8711.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Motorcycles (including mopeds) and cycles fitted with an auxiliary motor . . .: Other. The rate of duty will be 2.2% ad valorem.

The second item is the GREEN POWER electrical bicycle (Model #GP-26P). It is a steel frame, five-speed, DC-motorized two-wheeled bicycle with a 12-volt battery, a net weight of 35 kg., a maximum speed of 35 kilometers per hour and measures 177 cm. X 23 cm. X 85.5 cm.; also included is a 110-, 220-volt battery charger. The throttle is mounted on the handlebar handgrips and it has a Direct Gear Transport System transmission. You state that the manufacturer of this item is Moturn Industrial Co., Ltd.

The applicable subheading for the GREEN POWER electrical bicycle (Model #GP-26P) will be 8711.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Motorcycles (including mopeds) and cycles fitted with an auxiliary motor . . . : Other. The rate of duty will be 2.2% ad valorem.

The third item is a two-wheeled Ritmo Electric Scooter (Model #ES-025) with a 24-volt DC motor, a 12-volt battery, drum brakes, cruising distance of 65 kilometers, measuring 160 cm. length X 76 cm. width X 114 cm. height and a charging time of 8 hrs. You state that the manufacturer of this item is Winkng Manufacture Inc.

The applicable subheading for the Ritmo Electric Scooter (Model #ES-025) will be 8711.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Motorcycles (including mopeds) and cycles fitted with an auxiliary motor . . . : Other. The rate of duty will be 2.2% ad valorem.

As to the numerous other bicycles you have requested binding rulings on, there are two options open to you to obtain these rulings. The most expeditious option is for you to request a Pre-importation Review of these items from the Field National Import Specialist at the Customhouse nearest your location. The second option is for you to re-submit your requests to the National Commodity Specialist Division, maximum of five items per request, providing samples.

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 Robert DeSoucey at 212-466-5667.

Sincerely,

Roger J. Silvestri Director National Commodity Specialist Division