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NY 876001




July 13, 1992

CLA-2-87:S:N:N1:101-876001

CATEGORY: CLASSIFICATION

TARIFF NO.: 8711.10.0000; 8711.20.0060

Mr. Jorge Alonso
Cycle Sport Center, Inc.
Ave. Ponce de Leon No. 61
Hato Rey, Puerto Rico 00917

RE: The tariff classification of motor scooters from India

Dear Mr. Alonso:

In your letter dated June 30, 1992 you requested a tariff classification ruling. You have submitted descriptive brochures.

The imported merchandise is motor scooters. The literature indicates the Bajaj Sunny is powered by a 2-stroke single cylinder 50 cc engine. This scooter features a strong tubular chassis, a primary chain and secondary gear transmission, a centrifugal wet clutch, a 12 volt and 40 watt electrical system, and an electronic CDI ignition. The Bajaj Sunny weighs approximately 60 kgs and has a maximum speed of 50 km per hour.

The Bajaj Super is powered by a 2-stroke single cylinder 145.45 cc engine with rotary valve. This model weighs approximately 91 kgs.

The Bajaj Chetak is powered by a 2-stroke single cylinder 145.45 cc engine. This scooter features a 4-speed gearbox (rear wheel directly driven by engine through the clutch), kick style starting, a 12 volt electrical system, and an electronic ignition system. The Bajaj Chetak weighs approximately 94 kgs and has a maximum speed of 85 km per hour.

The applicable subheading for the Bajaj Sunny motor scooter will be 8711.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with reciprocating internal combustion piston engine of a cylinder capacity not exceeding 50 cc. The rate of duty will be 3.7 percent ad valorem.

The applicable subheading for the Bajaj Super and Bajaj Chetak motor scooters will be 8711.20.0060, HTS, which provides for motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with reciprocating internal combustion piston engine of a cylinder capacity exceeding 90 cc but not exceeding 190 cc. The rate of duty will be 3.7 percent ad valorem.

Articles classifiable under subheadings 8711.10.0000 and 8711.20.0060, HTS, which are products of India may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

Motorscooters may be subject to motor vehicle safety standards and air emissions standards. Before you import such vehicles it is strongly recommended that you contact the U.S. Department of Transportation, National Highway Traffic Safety Administration, Office of Vehicle Safety Compliance (NEF-32), 400 Seventh Street, S.W, Washington, D.C. 20590; and the U.S. Environmental Protection Agency, Manufacturers Operations Division (EN-340F), 401 M Street, S.W., Washington D.C. 20460. Enclosed for your further information is the booklet "Importing a Car, U.S. Customs Service."

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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