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January 25, 1999

CLA-2-87:RR:NC:MM:101 D86456

CATEGORY: CLASSIFICATION

TARIFF NO.: 8711.10.0000

Mr. W. Scott Welsh
Charles M. Shayer & Co.,
806 South 56th Avenue
Phoenix, Arizona 85043

RE: The tariff classification of a Two Wheeled Motorized Scooter from Japan

Dear Mr. Welsh:

In your letter dated December 30, 1998 you requested a tariff classification ruling.

You submitted a brochure describing a two wheeled motorized scooter powered by a 1.7 HP. 33 cc, 2 cycle motor. The scooter has a maximum speed of 22 mph, weigh 37 lbs., and can be ridden by both adults and children.

The applicable subheading for the Two Wheeled Motorized Scooter 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 or without side-cars; sidecars: with reciprocating internal combustion piston engines of a cylinder capacity not exceeding 50 cc . The rate of duty will be Free.

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.

After January 28, 1999 the telephone number will be changed to 212-637-7035.

Sincerely,

Robert B. Swierupski
Director,

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