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NY R03857




May 8, 2006

CLA-2-87:RR:NC:N1:121 R03857

CATEGORY: CLASSIFICATION

TARIFF NO.: 8712.00.2500

Mr. Robert G. Bellopede
Forge Bicycles, Inc.
295 E. Swedesford Road, #343
Wayne, PA 19087

RE: The tariff classification of bicycles from China

Dear Mr. Bellopede:

In your letter dated May 2, 2006, you requested a tariff classification ruling.

The merchandise is two models of bicycles, Athena and Vero. Per your letter and submitted documentation, both models have wheels with a diameter measuring 27 inches (68.58 cm). Model Athena weighs 28.307 pounds (12.84 kg); model Vero weighs 32.407 pounds (14.70 kg). Both models are designed for use with tires having a cross-sectional diameter measuring 3.65 cm.

The applicable subheading for the bicycles will be 8712.00.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for bicycles and other cycles (including delivery tricycles), not motorized, bicycles having both wheels exceeding 63.5 cm in diameter, if weighing less than 16.3 kg complete without accessories and not designed for use with tires having a cross-sectional diameter exceeding 4.13 cm. The rate of duty will be 5.5 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Barbara Kaiser at 646-733-3024.

Sincerely,

Robert B. Swierupski
Director,

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