HQ 0087183 - All Terrain Bicycle (ATB). HQ 087737. - United States International Trade Commision Rulings

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HQ 087183

September 5, 1990

CLA-2 CO:R:C:G 087183 AJS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8712.00.30

Mr. Patrick C. Carroll
Attorney at Law
24022 Calle de la Plata
Suite 400
Laguna Hills, CA 92653

RE: All Terrain Bicycle (ATB). HQ 087737.

Dear Mr. Carroll:

This ruling is in response to your letter of May 7, 1990, requesting a tariff classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The merchandise at issue consists of seven models of ATB style bicycles.

The GT Timberline, Outpost, Talera possess tires which measure 26 inches in diameter with a width of 1.5 inches (66.04 cm x 3.81 cm). It is claimed that these bicycles weigh less than 36 pounds complete without accessories.

The MT Shasta Serengheti and Arrowhead possess tires which measure 26 inches in diameter with a width of 1.60 inches (66.04 cm x 4.064 cm). The MT Shasta Saddleback possesses tires which measure 26 inches in diameter with a width of 1.5 inches (66.04 cm x 3.81 cm). It is claimed that these bicycles weigh less than 36 pounds complete without accessories. No information has been provided regarding the MT Shasta Sonora.

ISSUE:

Whether the bicycles at issue are classifiable within subheading 8712.00.20 or 8712.00.30, HTSUSA.

LAW AND ANALYSIS:

In HQ 087737 (August 27, 1990)(copy attached), Customs dealt with the classification of ATBs equipped with tires which measured over 25 inches in diameter with a cross-sectional diameter not exceeding 1.625 inches, and which weighed less than 36 pounds complete without accessories. In this ruling, we stated that "in order to qualify for classification in item 732.18, TSUS, the importer must demonstrate that there are important design features in the bicycles that preclude the use of tires exceeding 1.625 inches in diameter." We classified these bicycles within item 732.24, TSUS, based on the fact that it had not been demonstrated that the bicycles could not be properly and safely used with tires exceeding 1.625 inches. The ATB style bicycles at issue are similar if not identical to these ATBs and also do not satisfy the above requirement regarding tire size.

In HQ 087737, we also stated that the merchandise was classifiable within subheading 8712.00.30, HTSUSA. This conclusion was based on the fact that the provisions under the HTSUSA track directly to the provisions under the TSUS. This continues to be our position regarding this type of merchandise. Accordingly, the ATB style bicycles at issue are subject to the same analysis as that expressed in HQ 087737. Absent a showing that these bicycles cannot be properly and safely used with tires exceeding 4 cm in cross-sectional diameter, we must find these articles properly classifiable within subheading 8712.00.30.

HOLDING:

The bicycles at issue are classifiable within subheading 8712.00.30, HTSUSA, which provides for other bicycles having both wheels exceeding 65 cm in diameter dutiable at the rate of 11 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division

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