CLA-2 CO:R:C:M 950625 AJS
Harold I. Loring, Esq.
Grunfeld, Desiderio, Lebowitz & Silverman
Counselors at Law
120 East 49th Street
New York, N.Y. 10017
RE: Pulse 180 model bicycle; Subheading 8712.00.35; HQ 087735; HQ
950319.
Dear Mr. Loring:
Your request of August 26, 1991, on behalf of Dynacraft
Industries, Inc., regarding the tariff classification of the 10S
Pulse 180 Fitness Bicycle (Pulse 180), has been forwarded to this
office for reply.
FACTS:
The subject merchandise consists of the Pulse 180 models
8570-3 (men's) and 8570-10 (ladies'). They each possess a 26"
MTB welded frame, 26" (66.04 cm) x 1 3/8" (3.4925 cm) metal rims,
26 x 1.5" (3.81 cm) tires, wheels exceeding 63.5 cm in diameter,
and weight 15.5 kg complete without accessories.
ISSUE:
Whether the subject Pulse 180s are properly classifiable
within subheading 8712.00.25, Harmonized Tariff Schedule of the
United States (HTSUS), which provides for "[b]icycles having both
wheels exceeding 63.5 cm in diameter: [i]f 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.";
or classifiable within subheading 8712.00.35, HTSUS, which
provides for "other" bicycles having both wheels exceeding 63.5
cm in diameter.
-2-
LAW AND ANALYSIS:
In HQ 087735 (August 27, 1990), Customs interpreted the
predecessor provision of subheading 8712.00.25 (i.e., 8712.00.
20). We stated that for a bicycle to be classified within this
provision, the importer must demonstrate that there are important
design features in the bicycle that preclude the use of tires
exceeding 1.625 inches (currently 4.13 cm). Furthermore, it is
not enough to prove that a bicycle was designed with smaller
tires in mind. The use of tires exceeding 4.13 cm must be
inconsistent with the safe and proper operation of the bicycle.
In HQ 950319 (December 11, 1991), Customs specified the
proper procedure for determining whether a bicycle is "not
designed for use with tires having a cross-sectional diameter
exceeding 4.13 cm." That ruling stated that if a bicycle
possesses rims for which there are no commercially available
tires with a width greater than 4.13 cm, then the bicycle is
classifiable within subheading 8712.00.25, HTSUS. You have
submitted independent laboratory reports which indicate that the
Pulse 180s cannot use the smallest commercially available tire
which exceeds 4.13 cm (i.e., 4.445 cm). This conclusion is based
on the fact that such a tire cannot be properly tucked into the
Pulse 180's rims and then inflated. Furthermore, if a larger rim
is used which can accept a 4.445 cm tire, then the brake calipers
cannot be adjusted so that they operate properly. Accordingly,
we conclude that the Pulse 180s are "not designed for use with
tires having a cross-sectional diameter exceeding 4.13 cm."
HOLDING:
The subject Pulse 180s models are properly classifiable
within subheading 8712.00.25, HTSUSA, which provides for
"[b]icycles having both wheels exceeding 63.5 cm in diameter:
[i]f 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.", currently dutiable at the General Column 1
rate of 5.5 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division