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NY L84579




May 13, 2005

CLA-2-95:RR:NC:SP:225 L84579

CATEGORY: CLASSIFICATION

TARIFF NO.: 9501.00.2000

Mr. Miyoung Han
Ace Han Corporation
6 John Street
Jamesburg, NJ 08831

RE: The tariff classification of a bicycle from China.

Dear Mr. Han:

In your letter dated April 28, 2005, you requested a tariff classification ruling.

You submitted photographs and an owner’s manual regarding a 12” Tricycle (no item number), which, although referred to as a “tricycle”, is actually a chain-driven wheeled toy with two 12” plastic wheels and two training wheels. Despite being chain-driven, the bicycle lacks a freewheeling hub that is necessary to gain the sustained momentum to coast on two wheels. In essence, the bicycle cannot maintain forward momentum without sustained pedaling and, given the age (1-1/2 to 3 years) and size of the child who would use this bike, it is unlikely that such speed could be achieved, let alone maintained. In addition, the training wheels are not intended for removal, as the bicycle does not incorporate any brake system. These features support classification of the item as a wheeled toy for children in Chapter 95.

The applicable subheading for the 12” Tricycle (no item number) will be 9501.00.2000, 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.

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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