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NY 884298




CLA-2-87:S:N:N1:101-884298

CATEGORY: CLASSIFICATION

TARIFF NO.: 8711.10.0000

Mr. Reed L. Spinnanger
1422 14th Street
Palm Harbor, FL 34683

RE: The tariff classification of motorized minibikes from Italy

Dear Mr. Reed:

In your letter dated March 23, 1993 you requested a tariff classification ruling. You have submitted descriptive literature.

The imported merchandise is motorized minibikes called the Dream Bike 910 which are manufactured by Polini Motori of Italy. The Dream Bike 910 is powered by a single cylinder, liquid cooled, two stroke engine. The engine has a cubic capacity of 39.69 cc's. Other features include a die-cast light alloy frame with double diagonal beams, impact resistant thermo-plastic bodywork, handle bars, a standard 122 mm diameter rear disk brake with mechanically driven floating clamps, an optional 122 mm diameter front disk brake wih mechanical drive, pull starting with self-winding cable, an electronic inductive discharge ignition, a dry centrifute clutch, a die-cast light allow crankcase, a chain-type transmission, and light alloy wheel rims.

The Dream Bike 910 has a length of 973.78 mm, body width of 210 mm, minimum height of 50 mm, saddle height of 386.52 mm, and a wheelbase of
647.5 mm. The Dream Bike 910 has a dry weight of 17.5 kg. You state that these minibikes are for sport and competition use only, and are not intended to be riden over public roads.

The applicable subheading for the Dream Bike 910 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.

Motorscooters may be subject to motor vehicle safety standards and air emissions standards. You state that you have contacted the U.S. Department of Transportation, National Highway Traffic Safety Administration, Office of Vehicle Safety Compliance (NEF-32) for information regarding minibike safety standards; and the U.S. Environmental Protection Agency, Manufacturers
Operations Division, (EN-340F) for information regarding minibike air emission standards.

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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