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NY F84575




March 24, 2000

CLA-2-87:RR:NC:MM:101 F84575

CATEGORY: CLASSIFICATION

TARIFF NO.: 8712.00.2500

Ms. Alexandra Latham
Sr. Tech. Services Specialist
Tower Group International, Inc.
850 S.W. 7th Street
Suite 100
Renton, Washington 98055

RE: The tariff classification of bicycles from China

Dear Ms. Latham:

In your letter dated March 14, 2000 you requested a tariff classification ruling on behalf of your client Pacific Cycle, LLC.

You submitted diagrams and statistics of the Scorpio CS "Easy Street" Comfort Bike AL bicycles for men and women you intend to import. You state that the bicycles front and rear tires will be 25.5" or 64.77 cm. The complete bicycle weight is 15.97 kg for men and 16.05 kg for women. A clearance greater than 1.6 mm exists between the bicycle tire and fork or any frame member when the wheel assembly is rotated to any position. Substantial work involving welding or other frame adjustment would be necessary to accommodate a tire with a width of greater than 4.13 cm.

The applicable subheading for the bicycles will be 8712.00.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for Bicycles and other cycles (including delivery tricycles), not motorized: Bicycles having both wheels exceeding 63.5 cm in diameter: If weighing less than 16.3 kg complete without accessories and not designed for use with tires having a cross-sectional diameter exceeding 4.13 cm. The rate of duty will be 5.5% 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 212-637-7035.

Sincerely,

Robert B. Swierupski
Director,

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