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HQ 954866


December 7, 1993

CLA-2 CO:R:C:M 954866 LTO

CATEGORY: CLASSIFICATION

TARIFF NO.: 8714.91.20; 8714.91.30; 8714.91.50; 8714.91.90

Mr. Keith Noronha
Apollo Golf Shafts & Sporting Goods
1025 Criss Circle
Elk Grove Village, Illinois 60007

RE: Parts of bicycle frames and forks; GRI 2(a); heading 8714; HQ 954600

Dear Mr. Noronha:

This is in response to your letter of August 18, 1993, requesting the classification of parts of bicycle frames and forks under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The articles in question are parts of bicycle frames and forks which will be made in the United Kingdom. A typical frame set consists of the following eleven components: steering column; top tube; head tube; down tube; seat tube; seat stay (2); chain stay (2); and fork tube (2). At the time of importation, the goods will have been sold to Apollo Golf, Inc., for subsequent assembly with other components into complete bicycles. You indicate that the parts will be imported in compatible quantities sufficient for the assembly into the frames and forks of a whole number of bicycles.

You present the following four options for the shipment of the goods to the U.S.:

(1) Complete, but unassembled frame and fork sets, in compatible quantities;
(2) Frame sets, without forks, but including all other essential frame parts (the forks will be shipped separately);
(3) Sets of tubes cut to length, sufficient to assemble into the frame and fork of a bicycle; or

(4) Quantities of certain parts, which may be shipped with frame sets in excess of the number required to make up complete frame sets (i.e., frame lugs, cable guides and bosses).

ISSUE:

How are various components of the above options classified under the HTSUS?

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI's) to the HTSUS govern the classification of goods in the tariff schedule. GRI 1 states in pertinent part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes . . . ."

Heading 8714, HTSUS, provides for parts and accessories of the vehicles of heading 8712, HTSUS (bicycles). The subheadings at issue are as follows:

Other:
8714.91 Frames and forks, and parts thereof: Frames:
8714.91.20 Valued over $600 each (4.9%)

8714.91.30 Other (4.9%)

8714.91.50 Sets of steel tubing cut to exact length and each set having the number of tubes needed for the assembly (with other parts) into the frame and fork of one bicycle

8714.91.90 Other (10%)

Other:
8714.99 Other:
8714.99.90 Other (10%)

Option #1--Complete, unassembled frame and fork sets. With regard to the classification of complete, but unassembled goods, GRI 2(a) provides that any reference in a heading shall "include a reference to that article complete or finished . . ., entered unassembled or disassembled."

In HQ 954600, dated September 17, 1993, this office considered the classification of a bicycle frame and fork (and two rear drop- out bolts) packaged together in one box. In that ruling, we held as follows:

While the frames and forks in question are packaged together, there is no subheading which covers a frame and fork assembly. Further, a frame and fork assembly cannot be classified together by any other method (i.e., as a GRI 3(b) composite good, or a GRI 3(b) set, etc.). Thus, it is necessary to classify the frames and forks as if they were imported separately. Bicycle frames valued over $600 each, when imported separately, are classifiable under subheading 8714.91.20, HTSUS. Other frames are classifiable under subheading 8714.91.30, HTSUS. Bicycle forks, when imported separately, are classifiable under subheading 8714.91.90, HTSUS.

Following that ruling, the unassembled bicycle frames and forks that you intend to import will be classified accordingly.

Option #2--Complete, unassembled frames. According to GRI 2(a), complete, but unassembled bicycle frames valued over $600 each, when imported separately, are classifiable under subheading 8714.91.20, HTSUS, while other frames are classifiable under subheading 8714.91.30,
HTSUS.

Option #3--Sets of steel tubes, each set having the exact number of tubes required for the assembly (with other parts) into the frame and fork of one bicycle. An importation of this kind meets the terms of subheading 8714.91.50, HTSUS.

Option #4--Certain excess parts of bicycle frames, such as frame lugs, cable guides and bosses (pieces of metal brazed onto the frame on which other cycle parts/accessories, e.g., bottles, gears, etc., can be fixed). Parts of bicycle frames are classifiable under subheading 8714.91.90, HTSUS.

HOLDING:

The frames (option #1 and 2) are classifiable either under subheading 8714.91.20, HTSUS, which provides for frames valued over $600 each, or under subheading 8714.91.30, HTSUS, which provides for other frames. The corresponding rate of duty for articles of these subheadings is 4.9% ad valorem.

The front forks (option #1) and parts of bicycle frames (option #4) are classifiable under subheading 8714.91.90, HTSUS, which provides for forks, parts of frames and parts of forks. - 4 -

The corresponding rate of duty for articles of this subheading is 10% ad valorem.

The sets of steel tubes (option #3) are classifiable under subheading 8714.91.50, HTSUS, which provides for sets of steel tubing cut to exact length and each set having the number of tubes needed for the assembly into the frame and fork of one bicycle. The corresponding rate of duty for articles of this subheading is 6% ad valorem.

Sincerely,

John Durant, Director

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