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NY G86641




February 6, 2001

CLA-2-87:RR:NC:MM:101 G86641

CATEGORY: CLASSIFICATION

TARIFF NO.: 8716.80.5090

Mr. Milton Weinberg
Tower Group International, Inc.
2400 Marine Avenue
Redondo Beach, California 90278

RE: The tariff classification of the “I-Go” Scooter from China

Dear Mr. Weinberg:

In your letter dated January 10, 2001 you requested a tariff classification ruling on behalf of your client Trentech LLC.

You submitted a sample of the “I-Go” Scooter. You state that the scooter can be folded when not in use. The scooter consists of an aluminum platform on which the individual stands to operate by using a leg to push on the ground. The movement of the individual’s leg pushing against the pavement propels the scooter. You state that the scooter is designed to support up to 175 lbs. in weight. The retractable steering column can be locked in various heights to make allowance for the size of the operator. The scooter has two hard plastic wheels that are both the same diameter.

You state that because “its principle use is for the amusement of children” this scooter should be classified as a child’s scooter under HTS 9501.00.4000, 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: Wheeled toys designed to be ridden by children and parts and accessories thereof: Other.

We disagree with your proposed classification. HTS Heading 9501 covers “Wheeled Toys Designed To Be Ridden by Children”. For goods to fall within this heading, the wheeled product must be designed for exclusive use by children. Usually size makes that determination simple. However, in the case of a scooter, which is open in its design, the determination becomes a little more difficult. In the case of the instant product, it is of sturdy construction and is capable of holding up to 175 pounds. The fact that the product is small is a design feature to make it more portable when not in use. It is clear from the marketing that the instant scooter is not designed for use exclusively by children. The “I-Go” Scooter is not, by its own admission, a toy for children’s use. According to the Assembly Manual it warns, “This is not a toy, children have to be under the supervision of adult (sic) for using the scooter.” In fact, we have information that adults up to 65 years of age as well as children use scooters of this type. Therefore, it can not be classified within heading 9501.

The applicable subheading for the “I-Go” 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.

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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