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NY L83001




April 28, 2005

CLA-2-87:RR:NC:MM:101 L83001

CATEGORY: CLASSIFICATION

TARIFF NO.: 8711.10.0000, 8711.20.0030, 8711.20.0060, 8711.20.0090

Mr. Paul J. Doucette
AirSpeed LLC
1000 Corporate Drive, Suite 401
Hillsborough, North Carolina 27278

RE: The tariff classification of Vespa and Lambretta scooters (mopeds) from Italy and India

Dear Mr. Doucette:

In your letter dated March 14, 2005 you requested a tariff classification ruling.

You submitted photographs of Vespa and Lambretta scooters (mopeds) that you state you would like to import from Vietnam. You state that these scooters have been restored and were originally manufactured in Italy or India between 1950 and 1980 and that these scooters should be used by individuals as leisure vehicles on public roadways where allowed by local and state laws. The engine size of these scooters ranges from 50cc to 225cc.

The applicable subheading for the Vespa and Lambretta scooters (mopeds) will be 8711.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; sidecars: With reciprocating internal combustion piston engine of a cylinder capacity not exceeding 50 cc. The rate of duty will be Free.

If the cylinder capacity exceeds 50 cc but does not exceed 90 cc the HTS number will be 8711.20.0030. The rate of duty will be Free.

If the cylinder capacity exceeds 90 cc but does not exceed 190 cc the HTS number will be 8711.20.0060. The rate of duty will be Free.

If the cylinder capacity exceeds 190 cc but does not exceed 250 cc the HTS number will be 8711.20.0090. The rate of duty will be Free.

Motorcycles and Mopeds must meet Environmental Protection Agency (EPA) and Department of Transportation (DOT) requirements. We would advise you to contact these Agencies for information regarding the documents you will need to present to the Customs Inspector at the port of entry. The DOT is located at 400 Seventh Street, S.W., Washington, D.C. 20590; the EPA is located at 401 M Street, S.W., Washington, D.C. 20460.

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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