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NY C81209




November 25, 1997

CLA-2-87:RR:NC:MM:101 C81209

CATEGORY: CLASSIFICATION

TARIFF NO.: 8711.10.0000; 8711.20.0060; 8711.90.0000

Mr. Keith G. Arnold
PAK HIRE
P.O. Box 183
Surfers Paradise QLD 4217
AUSTRALIA

RE: The tariff classification of motorized vehicles from France

Dear Mr. Arnold:

In your letter dated October 21, 1997, you requested a tariff classification ruling.

The first item (shown below) concerned is the SCOOTCAR fun! TECH 50; it is a two-seated, three-wheeled cycle with two, smaller rear-balancing wheels. It has a bullet-shaped, polyethylene body with a looped windshield and rollbar. It's maximum speed is 30 mph. and it measures 80"L X 42"W X 58"H.

You state that the principal use of this vehicle is for leisure activities or private transportation.

The applicable subheading for the SCOOTCAR fun! TECH 50 will be 8711.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Motorcycles . . . : With reciprocating internal combustion piston engine of a cylinder capacity not exceeding 50 cc. The rate of duty will be 1.5% ad valorem.

The second item (shown below) is the SCOOTCAR fun! TECH 125; it is a two-seated, four-wheeled cycle with a bullet-shaped, polyethylene body, looped windshield and rollbar. It measures 78"L X 42"W X 58"H.

You state that the principal use of this vehicle is for leisure activities or private transportation

The applicable subheading for the SCOOTCAR fun! TECH 125 will be 8711.20.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for Motorcycles . . . : With reciprocating internal combustion piston engine of a cylinder capacity exceeding 50 cc but not exceeding 250 cc: Exceeding 90 cc but not exceeding 190 cc. The rate of duty will be 1.5% ad valorem.

The last item (shown below) is the SCOOTCAR fun ELEC; it is a two-seated, three-wheeled, electric-powered cycle with a bullet-shaped, polyethylene body, looped windshield, and rollbar. It measures 80"L X 42"W X 58"H.

You state that the principal use of this vehicle would be on golf courses or commercial use such as security coverage of a large area.

The applicable subheading for the SCOOTCAR fun ELEC will be 8711.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Motorcycles . . . : Other. The rate of duty will be 1.5% ad valorem.

You state that the manufacturer of these items is SECMA S.A. (MID #VMTCSBUGI) of Denain Cedex, France and that they will be imported into the U.S. through the Port of Honolulu, Hawaii.

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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