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NY G85855




February 9, 2001

CLA-2-95:RR:NC:SP:225 G85855

CATEGORY: CLASSIFICATION

TARIFF NO.: 9501.00.2000

Mr. Stephen J. Leahy
Leahy & Ward, LLP
175 Derby Street – Suite 9
Hingham, Massachusetts 02043

RE: The tariff classification of a wheeled toy for children from China

Dear Mr. Leahy:

In your letter dated January 19, 2001 you requested a tariff classification ruling on behalf of Radio Flyer, Inc.

The product, a “Classic Red Bicycle” model 36, resembles a small sized version of a bicycle with training wheels. The training 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. The cycle is designed for children 2-6 years of age. It has 10” wheels and is chain driven but lacks a freewheeling hub. This type of construction does not allow conversion of the product into a traditional bicycle. One cannot, without the training wheels, maintain balance or gain momentum to coast on two wheels. Based on these features the item is viewed as a wheeled toy for children in Chapter 95. Your sample is being returned as requested.

The applicable subheading for the “Classic Red Bicycle,” model 36, 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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