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NY N005411




January 19, 2007

CLA-2-87:RR:E:NC:N1:101

CATEGORY: CLASSIFICATION

TARIFF NO.: 8711.20.0060; 8711.10.0000

Gilberto Torres
Owner, Mini Bike Kings
19 Stori Road
Newburgh, NY 12550-7223

RE: The tariff classification two Pocket Bikes from China

Dear Mr. Torres,

In your letter dated January 10, 2007, you requested a tariff classification ruling.

The items concerned are an 110cc, 4-stroke single cylinder, air-cooled Pocket Bike Model HDP-S035 and a 49cc, 2-stroke single cylinder, air-cooled Pocket Bike Model HDP-S035-1EP. Both Pocket Bikes are manufactured in China.

The Pocket Bike Model HDP-S035 has a maximum load of 100 kg, and a maximum speed of 80 km/h. It is equipped with front and rear hydraulic disc brakes, front and rear suspension and a maximum power of 6.0 kw/8500 rpm.

The applicable classification subheading for the Pocket Bike Model HDP-S035 will be 8711.20.0060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars: With reciprocating internal combustion piston engine of a cylinder capacity exceeding 50 cc but not exceeding 250 cc: Exceeding 90 cc but not exceeding 190 cc”. The rate of duty will be Free.

The Pocket Bike Model HDP-S035-1EP has a maximum load of 100 kg, and a maximum speed of 47 km/h. It is equipped with a hydraulic disc brake, front and rear suspension and a maximum power of 1.51 kw/7000 rpm

The applicable classification subheading for the Pocket Bike Model HDP-S035-1EP will be 8711.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars: With reciprocating internal combustion piston engine of a cylinder capacity not exceeding 50 cc”. 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 Harmonized Tariff Schedule and the accompanying duty rates are provided on the 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 Richard Laman at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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