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NY G82986




October 4, 2000

CLA-2-87:RR:NC:MM:101 G82986

CATEGORY: CLASSIFICATION

TARIFF NO.: 8712.00.5000

Mr. Gene Richards
625 W. Lamona Avenue
Fresno, California 93728

RE: The tariff classification of a Three-Wheeled "Pedicab" from China

Dear Mr. Richards:

In your letter dated September 18, 2000 you requested a tariff classification ruling.

You submitted two pictures of a three-wheeled "Pedicab" that is powered by a rider on a bicycle seat with a passenger carriage or a "truck bed" placed on the back. The rider propels the vehicle like a bicycle. There is one wheel in the front and two in the back above which is a passenger carriage that appears to be able to hold two passengers. There is also a canopy over the passenger carriage. The other version of the "Pedicab" depicts a flat bed over the rear two wheels that can be used to transport goods. You state that these vehicles have a wheelbase of 67 inches front to back and 43 inches side to side. The tires are all 26" x 1 3/4", and it is 35 inches high at the seat.

The applicable subheading for the Three-Wheeled "Pedicab" will be 8712.00.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Bicycles and other cycles (including delivery tricycles), not motorized: Other cycles. The rate of duty will be 3.7% 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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