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HQ 965120




July 11, 2002

CLA-2: RR:CR:GC 965120 DBS

CATEGORY: CLASSIFICATION

TARIFF NO.: 9501.00.40

Port Director
U.S. Customs Service
301 East Ocean Blvd.
Long Beach, CA 90802

RE: Protest 2704-01-100472; Razor foot-propelled scooters

Dear Port Director:

This is our decision on Protest 2704-01-100472 filed against your classification under the Harmonized Tariff Schedule of the United States (HTSUS), of foot-propelled scooters. The entries were liquidated on February 28, 2001, and the protest timely filed on the same day.

FACTS:

The subject merchandise, known as the “Razor” scooter models MS-130 and MS-130B1, is described as non-motorized two-wheeled scooters made of aircraft grade aluminum tubing. The foot platform, which is 4 in. (10 cm) wide and 12 ¾ in. (30.48 cm) long, is attached to two 100 mm (4 in) polyurethane wheels. The handlebars are adjustable to allow the full height of the scooter to range from 23.5 to 35.5 in. (59.69 – 90.17 cm). The scooters have a weight capacity of 222 lbs. (82.86 kg). Razor scooters have a patented rear wheel brake.

Customs published notice of proposed revocations and a modification of ruling letters and revocation of treatment previously accorded by Customs to the tariff classification of substantially similar foot-propelled scooters and parts of scooters in a scooter repair kit on May 29, 2002, in the Customs Bulletin, Volume 36, Number 22. Headquarters Ruling Letter (HQ) 965510, dated July 9, 2002 revokes a ruling letter which classified substantially similar scooters under heading 8716, HTSUS, which provides, in part, for other vehicles not mechanically propelled. This new ruling classifies the scooter in subheading 9501.00.40, HTSUS, which provides eo nomine for scooters and parts thereof.

The analysis applied in that ruling applies here. The LAW AND ANALYSIS section of HQ 965510 is incorporated by reference. A copy of HQ 965510 is enclosed. See also HQ 965511, HQ 965512, HQ 965513, HQ 965514, HQ 965515, HQ 965516, HQ 965758, HQ 965757, HQ 965756, HQ 965755 and HQ 965760, all dated July 9, 2002. The final revocation and these rulings will be published in a forthcoming issue of the Customs Bulletin.

HOLDING:

The protest should be GRANTED. The “Kick” foot-propelled scooter is classifiable in subheading 9501.00.40, HTSUS, 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.”

In accordance with Section 3A(11)(b) of Customs Directive 099 3550-065, dated August 4, 1993, Subject: Revised Protest Directive, you are to mail this decision, together with the Customs Form 19, to the protestant no later than 60 days from the date of this letter. Any reliquidation of the entry or entries in accordance with the decision must be accomplished prior to mailing the decision.

Sixty days from the date of the decision the Office of Regulations and Rulings will make the decision available to Customs personnel, and to the public on the Customs Home Page on the World Wide Web at www.customs.gov, by means of the Freedom of Information Act, and other methods of public distribution.

Sincerely,

Myles B. Harmon, Acting Director
Commercial Rulings Division

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