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September 2, 1999

CLA-2-87:RR:NC:MM:101 E86461

CATEGORY: CLASSIFICATION

TARIFF NO.: 8711.20.0030, 8711.20.0060, 8711.20.0090

Mr. Alex Lizzappi
Apollo Motor Sport
P.O. Box 53533
Houston, Texas 77098

RE: The tariff classification of a Moped or Scooter from Italy

Dear Mr. Lizzappi:

In your letter dated August 5, 1999 you requested a tariff classification ruling.

You did not submit any photographs or brochures of the Mopeds or Scooters in question.

You indicate that these Mopeds or Scooters have a cylinder capacity under 200 cc and were manufactured prior to 1974. The Make of these Mopeds or Scooters is Piaggio; the Model is Vespa.

The applicable subheading for the Moped or Scooter will be 8711.20., Harmonized Tariff Schedule of the United States (HTS), which provides for Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without sidecars; sidecars: With reciprocating internal combustion piston engine of a cylinder capacity exceeding 50 cc but not exceeding 250 ccÂ.

If the cylinder capacity exceeds 50 cc but not exceeding 90 cc the Harmonized Tariff Classification Number will be 8711.20.0030. The rate of duty will be Free.

If the cylinder capacity exceeds 90 cc but not exceeding 190 cc the Harmonized Tariff Classification Number will be 8711.20.0060. The rate of duty will be Free.

If the cylinder capacity exceeds 190 cc but not exceeding 250 cc the Harmonized Tariff Classification Number will be 8711.20.0090. The rate of duty will be Free.

· Motorcycles and Mopeds must meet Environmental Protection Agency (EPA) and Department of Transportation (DOT) requirements. We would advise you to contact these Agencies for information regarding the documents you will need to present to the Customs Inspector at the port of entry . · Please visit the U.S. Customs Website at www.customs.ustreas.gov for additional information. · You are advised to call the New York Customs Team concerned with the importation of motor vehicles at 212-637-7537. They will give you detailed information on the entry procedure for importing into the United States.

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 212-637-7035.

Sincerely,

Robert B. Swierupski
Director,

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