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NY C89071





June 29, 1998

CLA-2-87:RR:NC:MM:101 C89071

CATEGORY: CLASSIFICATION

TARIFF NO.: 8408.10.0005, 8711.20.0030, 8711320.0060

Mr. Buxing Mo
President
MLH Corporation
Global Network Service
102 CaiE middle st., suite 323
Chansha Hunan China

RE: The tariff classification of Motorcycles and Marine engines from China.

Dear Mr. Mo:

In your letter dated June 3, 1998, you requested a tariff classification ruling.

The first item is a motorcycle with a 90cc engine

The applicable subheading for the 90cc motorcycle will be 8711.20.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for motorcycles and cycles fitted with an auxiliary motor, with or without side cars...with reciprocating internal combustion piston engine of a cylinder capacity exceeding 50 cc but not exceeding 250 cc...other exceeding 50 cc but exceeding 90 cc. The rate of duty will be .7 percent ad valorem.

The second item is a motorcycle with a 150 cc engine.

The applicable subheading for the 150cc engine motorcycle will be 8711.20.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for motorcycles and cycles fitted with an auxiliary motor, with or without side cars...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 .7 percent ad valorem.

Motor vehicles imported into the United States must comply with the safety regulations of the U.S. Department of Transportation (DOT) and the air emissions regulations of the U.S. Environmental Protection Agency (EPA). If you have any questions concerning these regulations, it is suggested you contact these agencies. The Dept. of Transportation is located at 400 Seventh Street, S.W., Washington, D.C. 20590; the Environmental Protection Agency is located at 401 M Street, S.W., Washington, D.C. 20460.

The third item is a 12 horse power marine diesel engine.

The applicable subheading for the 12 horse power marine diesel engine will be 8408.10.0005, Harmonized Tariff Schedule of the United States (HTS), which provides for compression-ignition internal combustion piston engines (diesel or semi-diesel engines)...not exceeding 111.9 kW. The rate of duty will be 2.7 percent 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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