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NY E89513




December 1, 1999

CLA-2-95:RR:NC:SP:225 E89513

CATEGORY: CLASSIFICATION

TARIFF NO.: 9501.00.2000

Mr. Gerald Boerum
Rand International
51 Executive Boulevard
Farmingdale, New York 11735-4718

RE: The tariff classification of chain-driven wheeled toys from China

Dear Mr. Boerum:

In your letter dated October 11, 1999, received in this office on November 3, 1999, you requested a tariff classification ruling.

The inquiry involves several models of chain-driven bicycles with support wheels that resemble training wheels. The subject items include model numbers 112, 113, 121, 127, 128 and S130. Although samples were not submitted, a National Import Specialist from this office examined them at your premises. Alternatively, pictures of the items were submitted and a complete description was obtained through phone conversations and written correspondence. Each bicycle has two 12" wheels with two smaller support wheels in the back. The tires are made of foam and the support wheels are not intended for removal, as the cycle does not incorporate a braking system. A warning to this effect appears on the retail box and on the bike itself. Despite being chain-driven, the bicycle lacks a free-wheeling hub, which is necessary to gain the sustained momentum to coast on two wheels. In addition, the wheels are not large or heavy enough to provide angular movement to keep the bike in an upright position without the training wheels. These features support classification of the articles as wheeled toys for children in Chapter 95.

You have indicated that similar merchandise has previously been imported. This letter, however, is being issued for prospective importations only.

The applicable subheading for model numbers 112, 113, 121, 127, 128 and S130, will be 9501.00.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for wheeled toys designed to be ridden by children (for example, tricycles, scooters, pedal cars); dolls' carriages and dolls' strollers: parts and accessories thereof: chain-driven wheeled toys. 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 Alice J. Wong at 212-637-7028.

Sincerely,

Robert B. Swierupski
Director,

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