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HQ 088842


June 13, 1991

CLA-2 CO:R:C:M 088842 DFC

CATEGORY: CLASSIFICATION

TARIFF NO.: 9807.00.40

Mr. James L. Konski
International Randonneurs
Old Engine House No. 2
727 North Salina Street
Syracuse, New York 13208

RE: Medals, sports award

Dear Mr. Konski:

In a letter dated February 19, 1991, you inquired as to the tariff classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), of certain amateur bicycling award medals manufactured in France.

FACTS:

Your organization, International Randonneurs, is the American name for Randonneurs Mondiaux, an organization of bicyclists consisting of 15 member countries. You inform us that your organization acts as a voluntary coordinator for some 26 sponsoring bicycle clubs throughout the United States, and is supported by volunteer help, token dues and contributions. Also, your organization donates to their French coordinating group only the small cost of materials, postage and shipping and that most of their activities are subsidized by contributions.

The merchandise involved may be described as a flat base metal sports award, round in shape, measuring 2 inches in diameter and coated with various metallic colors. The medal has a loop at its top. A jump ring or bail can be fitted into this loop to enable the recipient to wear the medal as a pendant. After importation these medals will be distributed by your organization to the 26 sponsoring bicycle clubs throughout the United States for bestowal upon winners of long-distance cycling events.

ISSUE:

Do these medals qualify for an exemption from duty under subheading 9807.00.40, HTSUSA?

LAW AND ANALYSIS:

Subheading 9807.00.40, HTSUSA, provides for free entry of articles of metal (including medals, trophies and prizes), for bestowal on persons in the United States, as honorary distinctions by foreign countries or citizens of foreign countries.

It is our understanding that although your organization, International Randonneurs, coordinates distribution of the medals to the successful U.S. cyclists, the qualifications for and issuance of the medals is controlled by the central French club (Randonneurs Mondiaux). In view of this fact, it is our position that the bicycling award medals are entitled to free entry under subheading 9807.00.40, HTSUSA.

HOLDING:

The bicycling ward medals are classifiable under subheading 9807.00.40, HTSUSA, and entitled to free entry.

Sincerely,

John Durant, Director

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