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NY B85908




June 12, 1997

CLA-2-87:RR:NC:MM:101 B85908

CATEGORY: CLASSIFICATION

TARIFF NO.: 8711.90.0000

Ms. Cheryl Wilson
SCHENKER INTERNATIONAL, INC.
19240 Des Moines Memorial Drive
Suite 100
Sea-Tac, WA 98148

RE: The tariff classification of motorized bicycles from China

Dear Ms. Wilson:

In your letter dated April 1, 1997, you requested a tariff classification ruling on behalf of Concorde Investments, Inc. of Bellevue, Washington.

The items concerned are two models of bicycle which each have a pedal-activated, battery-powered motor located in the center hub of the rear wheel; the boys model is #TD7009 and the girls model is #TH3003. The battery for the motor is attached to the back of the bicycle seat post. The computerized components within the motor regulate the appropriate amount of "pedaling assistance" to be supplied in direct relation to what gear mode the bicycle is operating in; maximum allowable speed is approximately 15 mph. The "pedal-assist" motor is optional in use; i.e., the power may be disengaged. The motor, itself, runs on direct current (DC) and generates 134 watts.

You state that these items will be imported through the Port of Seattle, Washington and your included literature states that they will be manufactured by Vicsta (Bicycle) Co., LTD. of Guangzhou, China.

The applicable subheading for the Electric Assist Bicycle Intellectual (Models #TH3003 and TD7009) will be 8711.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for . . . cycles fitted with an auxiliary motor . . . : Other. The rate of duty will be 1.5% ad valorem.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Robert DeSoucey at 212-466-5667.

Sincerely,

Robert B. Swierupski

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