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HQ 965607




July 11, 2002

CLA-2: RR:CR:GC 965607 DBS

CATEGORY: CLASSIFICATION

TARIFF NO.: 9501.00.40

Port Director, Port of Newark, New York
C/O Residual Liquidation and Protest Branch U.S. Customs Service
1210 Corbin Street
Elizabeth, NJ 07201

RE: Protest 4601-01-100002; foot-propelled scooter

Dear Port Director:

This is our decision on Protest 4601-01-100002 filed against your classification under the Harmonized Tariff Schedule of the United States (HTSUS), of seven foot-propelled scooters. The entries were liquidated on August 10, August 17 and September 7, 2001. The protest was timely filed on September 24, 2001. In accordance with section D(1)(e) of Customs Directive #099-3550-065, dated August 1, 1993, this protest has been designated the “lead” protest. A list of the protests is attached.

FACTS:

The subject merchandise consists of seven types of aluminum-framed foot-propelled scooters (# 96002 “Street Craze Mini Scooter,” # 96000 “Street Racer Mini Scooter,” # 95000 “Scoot Aluminum Mini Scooter,” #87000 “Super Scooter,” #86000 “Super Scooter,” #85004 “Reflex Mini Scooter” and #85000 “Kickin’ Mini Scooter”). Some of the models come with carrying cases. The scooters have an aluminum frames and can be folded for carry or storage. The foot platform is attached to two100 mm (4 in) polyurethane wheels. The handlebars are adjustable, with heights ranging from approximately 26 to 39 inches (66 to 99 cm). All models have a rear foot-activated brake and some also have a rear hand 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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