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NY K82130




January 15, 2004
CLA-2-95:RR:NC:SP:225 K82130

CATEGORY: CLASSIFICATION

TARIFF NO.: 9501.00.4000; 8512.10.2000; 3926.90.9880; 8541.40.2000

Ms. Maria Da Rocha
D & D Customhouse Brokerage Inc.
701 Newark Avenue, Suite LL1
Elizabeth, NJ 07208

RE: The tariff classification of a scooter, a halogen headlight, two PVC handle grips, plastic reflectors, and a handlebar LED light set from China.

Dear Ms. Da Rocha:

In your letter dated November 5, 2003, and received on December 24, 2003, on behalf of Flaquitz Enterprises Inc., you requested a tariff classification ruling.

You submitted photographs and samples of a scooter, a halogen headlight, two PVC handle grips, plastic reflectors, and a handlebar LED light set from China.

The scooter is a foot-propelled toy scooter made of metal with two blue handlebar grips, one front wheel, and two wheels in back. Above each rear wheel is a flat metal footrest. The scooter does not have a motor and is not chain-driven.

The halogen headlight measures approximately 2 inches in height x 2 inches in width x 4-1/2 inches in length, with an attached bracket for mounting on a handlebar. The headlight has three lighting modes (extra-high, high, and LED), and is powered by four “AA” batteries (not included).

The two PVC handle grips measure approximately 1 inch in height and 5 inches in length, with an opening at one end for fitting the handle grip over a handlebar. The handle grips are black and green and made of polyvinyl chloride. The handle grips are not of a class of merchandise solely or principally used as parts of scooters. They appear to have universal use.

The plastic reflectors consist of an orange circular plastic reflector that measures approximately 1-1/2 inches in diameter and two orange and two red rectangular plastic reflectors that measure approximately ½ inch in height and 2-1/2 inches in length. The reflectors have adhesive on back for affixing to a surface. The reflectors are not of a class of merchandise solely or principally used as parts of scooters. They appear to have universal use.

The handlebar LED (light emitting diode) light set consists of two orange LED lights that measure approximately ¼ inch in height and 2 inches in length that insert into each end of a handlebar. A built-in motion detector activates the lights when movement occurs, and shuts off the lights when no movement is detected after a period of time.

The applicable subheading for the scooter will be 9501.00.4000, 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: Wheeled toys designed to be ridden by children and parts and accessories thereof: Other.” The rate of duty will be free.

The applicable subheading for the halogen headlight will be 8512.10.2000, HTS, which provides for “Electrical lighting or signaling equipment (excluding articles of heading 8539), windshield wipers, defrosters and demisters, of a kind used for cycles or motor vehicles; parts thereof: Lighting or visual signaling equipment of a kind used on bicycles: Lighting equipment.” The rate of duty will be free.

The applicable subheading for the two PVC handle grips and the plastic reflectors will be 3926.90.9880, HTS, which provides for "Other articles of plastics and articles of other materials of headings 3901 to 3914: Other: Other, Other." The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the handlebar LED light set will be 8541.40.2000, HTS, which provides for “Photosensitive semiconductor devices, including photovoltaic cells whether or not assembled in modules or made up into panels; light-emitting diodes: Light-emitting diodes (LED’s).” The rate of duty will be free.

Due to the large number of items submitted with your request, we are unable to rule on the cotton T-shirt, hat, water bottle, gloves, and wheels, which we are returning to you. Please limit future binding ruling requests to five items of the same class or kind per ruling letter. For example, a request concerning a scooter should not include textile articles or a plastic water bottle. See the enclosed instructions for utilizing the Binding Rulings Program.

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 Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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