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NY F86094




May 24, 2000

CLA-2-87:RR:NC:MM:101 F86094

CATEGORY: CLASSIFICATION

TARIFF NO.: 8716.80.5090

Ms. Jeannine Mills
Import Administrator
Academy Sports & Outdoors
1800 North Mason Road
Katy, Texas 77449

RE: The tariff classification of a "Rollin' On" Folding Scooter from China

Dear Ms. Mills:

In your letter dated May 16, 2000 you requested a tariff classification ruling.

You submitted a sample of Style-370 "Rollin' On" Folding Scooter. The scooter is made of aluminum and is imported inside a nylon carrying bag specifically designed to transport and protect the folded scooter when not in use. The scooter itself has a wheel diameter of 4" and its platform measures 15 3/4" (L) x 4" (W). It has adjustable handlebars that may be raised up to 34" or lowered to 26" depending on one's height. The width of the handlebars extends 13.5 inches. The scooter is propelled by standing on the platform and pushing off the pavement with one's leg.

You have stated that the target market for the scooter is for children ages 8 through 12 years of age. However we have information that adults up to 65 years of age have purchased this particular scooter.

The applicable subheading for the "Rollin' On" Folding Scooter will be 8716.80.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for Trailers and semi-trailers; other vehicles, not mechanically propelled; and parts thereof: Other vehicles: OtherOther: Other. The rate of duty will be 3.2% ad valorem.

The fitted nylon carrying bag into which the folded scooter is placed is a container as described in GRI-5 (a), therefore, it is classified with the contents and the value of the case is prorated over the contents. As such, the nylon carrying bag imported from China is not subject to visa and quota restraints.

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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