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NY K82480




January 20, 2004
CLA-2-87:RR:NC:MM:101 K82480

CATEGORY: CLASSIFICATION

TARIFF NO.: 8714.99.8000

Ms. Michele Whisenant
Ghedi International, Inc.
8002 Burleson Rd.,
Austin, Texas 78744

RE: The tariff classification of a bicycle Tandem Adapter from Taiwan

Dear Ms. Wisenant:

In your letter dated January 9, 2004 you requested a tariff classification ruling.

You submitted pictures of a bicycle “Tandem Adapter”. You state that this item will be imported as parts of a complete assembly shipped in one box, along with a poster showing how to attach the unit to a regular bicycle and an installation manual. You state that the tandem adapter turns most bicycles into a rigid frame tandem bicycle. It attaches to the rear drop-outs and the seat post of the original bicycle. It does not come with a wheel, but uses the rear wheel of the original bicycle.

The main frame comes with the following attached components: Gear Cluster
Eccentric Bottom Bracket Holder
Eccentric Bottom Bracket Holder Set Bolts Bottom Bracket
Crank Arms with 44-tooth Chain Rings - 1 inner and 1 outer; and 1mm Chain Ring Spacers between inside chain ring and crank arm V-Brakes
Jump Guard
Timing Chain - tightened
Derailleur Hanger
Rear Drop Out Spacer.

Additional frame parts and components to be put in the box with the above main frame: Top Tube Brace
Telescoping Top Tube
Bottom Telescoping Tube
Stoker Stem Assembly a. Stoker Stem Telescoping Tube b. Captain’s Seat Post Clamp c. Stoker Stem Mount Assembly d. Stoker Stem
5. Handle Bar with Grips and End Caps
6. Seat Post with Seat.

Additional components to be included in the main box: Two Derailleur Cables
Derailleur Cable Housing for Rear Derailleur (approximately 30mm long) with Ferules 2’ length of Derailleur Cable Housing
Rear Derailleur
Two Brake Cables
2’ length of Brake Cable Housing
Seat Post Clamp
6” of hook-and-loop fastener with adhesive back 6” of hook-and-loop fastener with no adhesive on back Rear chain
Pedals
Seat Post Reflector
Two Brake Cable Splitters
Two Derailleur Cable Splitters
Four Pivot Through Bolts
Eight Pivot Through Bolt Washers - 2 on each Pivot Through Bolt Four Pivot Through Bolt Nylon Insert Nuts - 1 on each Pivot Through Bolt Five Derailleur and Brake Cable Housing Ferules V-Brake Cable Guide.

You state that you believe that the Tandem Adapter should fall under HTS 8714.91.3000/3.9% which provides for Frames and forks, and parts thereof, Frames, other; or HTS 8714.91.9000/Free which provides for Frames and forks, and parts thereof, other.

We disagree with your proposed classification suggestions for the following reasons: HTS 8714.91.3000 does not apply because the Tandem Adapter is too advanced to be considered just parts of a frame - there are derailleurs, pedals, a seat, etc.; and HTS 8714.91.9000 does not apply because that number would apply to Forks and parts thereof.

The applicable subheading for the Tandem Adapter will be 8714.99.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for Parts and accessories of vehicles of headings 8711 to 8713: Other: Other: Other. The rate of duty will be 10% 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 646-733-3008.

Sincerely,

Robert B. Swierupski
Director,

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