CLA-2 CO:R:C:M 952558 LTO
Mr. Paul E. Schersand
Lawee, Inc.
3030 Walnut Avenue
Long Beach, CA 90807
RE: Univega hybrid bicycle; HQ 087735; HQ 950319; HQ 951864;
8712.00.25; 8712.00.35
Dear Mr. Schersand:
This is in response to your letter of August 4, 1992, to
Customs in New York, requesting the classification of the 1993
Univega hybrid bicycle (model 715CT36) under the Harmonized
Tariff Schedule of the United States (HTSUS). Your letter has
been referred to this office for a response. We have also
reviewed the additional submission of April 19, 1993, as well as,
a sample of a tire (which you state is 700c x 41mm) and the
bicycle in question.
FACTS:
The subject bicycle is imported with a tire of 3.5 cm width.
You state that the frame of this bicycle has been designed to
disallow use of a tire of width greater than 4.1 cm. This
feature has been achieved by the inclusion of a permanent, welded
chainstay bridge in such a position that the tread of a tire
larger than 4.1 cm would contact the chainstay bridge, thus
immobilizing the rear tire.
ISSUE:
Whether the bicycle is classifiable under subheading
8712.00.25, HTSUS, because both wheels exceed 63.5 cm in
diameter, it weighs less than 16.3 kg complete without
accessories and is not designed for use with tires having a
cross-sectional diameter exceeding 4.13 cm.
- 2 -
LAW AND ANALYSIS:
The General Rules of Interpretation (GRI's) to the HTSUS
govern the classification of goods in the tariff schedule. GRI 1
states in pertinent part that "for legal purposes, classification
shall be determined according to the terms of the headings and
any relative section or chapter notes . . . ."
The bicycle in question is classifiable under heading 8712,
HTSUS, which provides for "[b]icycles and other cycles . . ., not
motorized." However, the following subheadings are at issue:
Bicycles having both wheels exceeding 63.5 cm in diameter:
8712.00.25 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
* * * * * * * * * * * * *
8712.00.35 Other
In HQ 087735, dated August 27, 1990, Customs stated that for
a bicycle to be classified under subheading 8712.00.25 (then,
subheading 8712.00.20), HTSUS, the importer must demonstrate that
there are important design features in the bicycle that preclude
the use of tires exceeding 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, dated December 11, 1991, Customs set forth the
procedure for determining whether a bicycle exhibits important
design features that preclude the safe and proper use of tires
having a cross-sectional diameter exceeding 4.13 cm. In HQ
951864, dated October 23, 1992, this procedure was amended and
its first question provides as follows:
1. Does a clearance of greater than 1.6 mm exist
between the bicycle tire and fork or any frame
member when the wheel assembly is rotated to
any position? For example, is the width of the
front fork (measured horizontally where the
widest part of a tire would be located) greater
than 4.45 cm (this represents 4.13 cm plus
1.6 mm on each side of the tire)?
- 3 -
If the answer is "no", then the bicycle is classifiable
within subheading 8712.00.25, HTSUS.
The 1993 Univega hybrid bicycle (model 715CT36) was designed
with a permanently welded bridge across the chainstay. You claim
that this bridge prevents a tire greater than 4.13 cm in width
from being used without the immobilization of that tire by
contact with the bridge. You conclude that you are "thoroughly
convinced that all available evidence anywhere in the marketplace
precludes the safe use of tires, larger than 41.3mm, on 1993
Univega 700c hybrid bicycles."
Based on these representations, a clearance of greater than
1.6 mm would not exist between the tire and a frame member, the
permanently welded bridge. Therefore, we conclude that the
bicycle was not designed for use with tires having a cross-
sectional diameter exceeding 4.13 cm, and it is classifiable
under subheading 8712.00.25, HTSUS.
HOLDING:
The 1993 Univega hybrid bicycle (model 715CT36) is
classifiable under subheading 8712.00.25, HTSUS, which provides
for "[b]icycles and other cycles . . ., not motorized . . .
bicycles 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." The corresponding rate of duty for articles
of this subheading is 5.5% ad valorem.
Sincerely,
Harvey B. Fox, Director