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NY G83141




November 3, 2000

CLA-2-87:RR:NC:MM:101 G83141

CATEGORY: CLASSIFICATION

TARIFF NO.: 8716.80.5090

Ms. Carol Hagyard
A.N. Deringer, Inc.
1010 Niagara Street
Buffalo, New York 14213

RE: The tariff classification of a Scooter with Carrying Case from China

Dear Ms. Hagyard:

In your letter dated October 6, 2000 you requested a tariff classification ruling on behalf of your client Seven Star Sports.

You submitted descriptive literature on an "Oxygen" brand scooter. You state that the scooter comes with a carrying case in a retail box and that they are not sold separately. You state that some retail boxes are marked "Bonus Carrying Case."

The scooter has an aluminum frame and the handle can be adjusted to varying heights. The literature depicts the scooter with two wheels. No dimensions were provided; however the scooter appears to be similar in design and construction to other scooters being imported into the United States that we have classified.

You state that the carrying case is made of nylon cloth with polypropylene waterproof coating back strap with 1-inch plastic buckle and silk screen logo.

The applicable subheading for the Scooter with Carrying Case 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.

If the carrying case is imported with the Scooter in retail box then the carrying case is not subject to visa and quota restraints. However, if the carrying case is imported and sold separately then it would be classified elsewhere and possibly subject to applicable visa and quota restraints depending on the country of origin of the carrying case.

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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