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NY N004813




January 8, 2007

CLA-2-95RR:E:NC:2:224

CATEGORY: CLASSIFICATION

TARIFF NO.: 9501.00.4000

Mr. Alan Fung
Sourcerite Factory, Ltd
23-25 Ng Fong St., 3/F
William Enterprise Industrial Bldg
San Po Kong, Kowloon, Hong Kong

RE: The tariff classification of a training bicycle from China

Dear Mr. Fung:

In your letter dated December 21, 2006, you requested a tariff classification ruling.

You are requesting the tariff classification on a training bicycle for children; no item number is designated for the product. The item is described as a wooden frame bicycle for beginners. The dimensions of the trainer bicycle are as follows: approximately 21 inches in height and 35 inches in length. The two-wheel coaster is constructed of wood for the frame, metal for the wheel rims, and plastic for the tires. Unlike a bicycle there are no pedals or brakes, instead the coaster is designed for ease of mounting and dismounting, stopping the bicycle with the feet or propelling forward while moving the feet on the ground. The coaster allows a child between 3-5 years old to learn to balance on two wheels.

The applicable subheading for the training bicycle, no item number shown, will be 9501.00.4000, Harmonized Tariff Schedule of the United States (HTSUS), 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.

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).

Pursuant to title 19 United States Code, Section 3005 The Harmonized Tariff Schedule of the United States is in the process of being amended to reflect changes recommended by the World Customs Organization. The amendments are expected to affect the classification of your merchandise. Pursuant to Section 3005 c, the report recommending those changes was sent to the President for proclamation of the changes. By law, the President cannot proclaim the implementation of these latter amendments in the HTS until a required 60-legislative-day Congressional layover period is completed. We understand that the layover period has been completed. Accordingly, the recommended changes will become law after they are proclaimed by the President. The effective date of those changes will be specified in the Presidential proclamation. In addition, at that time, the United States International Trade Commission will post an updated electronic version of the 2007 HTSUS on its website, www.usitc.gov, and the Government Printing Office will publish a hard-copy version of the 2007 HTS.

Once those changes are in effect, it is anticipated that your merchandise will be classified in 9503.00.00 HTSUS. Under the circumstances, this information is advisory only.

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 Tom McKenna at 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,

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