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NY I82267





June 12, 2002

CLA-2-95:RR:NC:2:224 I82267

CATEGORY: CLASSIFICATION

TARIFF NO.: 9506.99.60

Ron Levy
Kintetsu World Express
1035 Watson Center Rd.
Carson CA 90745

RE: The tariff classification of a Blokart riding device. Country of origin unknown.

Dear Mr. Levy:

In your letter dated May 28, 2002, you requested a tariff classification ruling on behalf of AB Marine Inc.

The article is a wind-powered, wheeled apparatus made of steel tube construction. It has three wheels, a platform where the operator sits, and a steering handlebar. A sail provides the motive power for the apparatus.

A descriptive brochure for the Blokart states that it is ideal for racing or recreation and can be used “at the beach, car parks, sport and recreation areas and even tennis courts.” The Blokart is propelled by the wind and its principle use appears to be for sport recreational purposes rather than for the transport of goods or persons. Therefore, it is our opinion that the device is provided for in heading 9506 of the Harmonized Tariff Schedule of the United States (HTS), where similar non-mechanically propelled sport craft such as sailboards are classified.

The applicable subheading for the Blokart will be 9506.99.6080, HTS, which provides for “Articles and equipment for general physical exercise, gymnastics, athletics, other sports or outdoor gamesOtherOtherOther...Other.” The rate of duty will be 4 percent 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 Tom McKenna at 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,

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