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HQ 950965


January 27, 1992

CLA-2 CO:R:C:M 950965 AJS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8714.99.90

Ms. Georgena Terry
President
Terry Precision Bicycles
1704 Wayneport Road
Macedon, NY 14502

RE: Bicycle frame and fork; HQ 088228; HQ 089872.

Dear Ms. Terry:

On May 8, 1991, Customs issued to you HQ 088228, which classified the "Terry" brand bicycle frame and fork complete with headset and bottom bracket (Terry) within subheading 8714.91.30, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other" bicycle frames.

In HQ 089872 of this date (copy attached), Customs ruled that a similar frame and fork set is classifiable within subheading 8714.99.90, HTSUS, which provides for "other" parts and accessories of bicycles. The principles of this decision are applicable to your merchandise. Thus, classification of the "Terry" frame and fork will be under subheading 8714.99.90, HTSUS, with a duty at the rate of 10 percent ad valorem.

This letter should be considered a modification of HQ 088228 under 19 CFR 177.9(d)(1). It is not to be applied retroactively to your merchandise (19 CFR 177.9(d)(2)), and will not, therefore, affect past transactions for the importation of your merchandise under that ruling. However, for the purposes of future transactions in merchandise of this type, that ruling will no longer be valid precedent. We recognize that pending transactions may be adversely affected by this modification, in that current contracts for importations arriving at a port subsequent to this decision will be classified pursuant to this modification. If such a situation should arise, you may, at your
discretion, notify this office and apply for relief from the binding effects of this ruling as may be warranted by the circumstances.

Sincerely,

John Durant, Director
Commercial Rulings Division


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