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NY L85493




June 16, 2005

CLA-2-95:RR:NC:SP:225 L85493

CATEGORY: CLASSIFICATION

TARIFF NO.: 9501.00.4000

Mr. Gordon C. Anderson
C.H. Robinson Worldwide, Inc.
8855 Columbine Road, Suite 400
Eden Prairie, MN 55347-4148

RE: The tariff classification of a Schwinn Velocycle from China.

Dear Mr. Anderson:

In your letter dated June 13, 2005, on behalf of Pacific Cycle LLC of Madison, Wisconsin, you requested a tariff classification ruling.

You submitted a photograph of a Schwinn Velocycle identified as model number S6738. The photograph depicts a coaster toy that resembles a bicycle and measures approximately 17” in height and 29” in length. The wheeled coaster is primarily constructed of wood, with a wood frame and handlebars, a padded “banana” seat, and 10” ethylene vinyl acetate foam tires on wood wheels. Unlike a bicycle there are no pedals or brakes. Instead the wheeled coaster has an “S” frame that is at its highest point at the handlebars and dips down toward the back wheel which allows the rider to easily get on/off the cycle and keep their feet on the ground as they propel themselves forward, or stop themselves with their feet. This allows a pre-school child weighing a maximum of fifty pounds to stay upright on the wheeled coaster without training wheels. Intended for a child between 18-36 months of age to learn how to balance on two wheels, the Schwinn Velocycle is a toy wheeled vehicle.

The applicable subheading for the Schwinn Velocycle identified as model number S6738 will be 9501.00.4000, Harmonized Tariff Schedule (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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