CLA-2-87:OT:RR:NC:N2:201
Adam Mook
Logistics Plus, Inc.
1406 Peach St.
Erie, PA 16501
RE: The tariff classification of a Segway Super Scooter from China
Dear Mr. Mook:
In your letter dated July 15, 2022, you requested a tariff classification ruling on behalf of your client, Segway Inc., of Alhambra, California.
You state that your customer, Segway Inc., imports various electric scooters from China.
The item under consideration has been identified as the Segway Super Scooter Model GT1AP, whose dimensions are approximately 58.5 inches × 25.8 inches × 51.5 inches (1485 mm. × 656 mm. × 1308 mm.). The GT1AP weighs approximately 105 lbs. You state in your ruling that the GT1AP has a maximum speed of approximately 37.3 mph (60 km/h). The scooter contains an air-cooled hub motor, which you state has operates with a nominal power of 1,000W, but has a maximum peak power of 3,000W. The GT1AP is equipped with five (5) selectable riding modes:
Walk
Park
Eco
Sport, and
Race/mode.
Internal software controls the change of power output while in the different modes. The Segway Super Scooter Model GT1AP is not equipped with a speed governor.
In your request, you suggest that the GT1AP scooter should be eligible for the recent reinstatement of certain exclusions previously extended for Section 301 China additional duties, specifically for the exclusion pertaining to statistical reporting number 8711.60.0090, Harmonized Tariff Schedule of the United States (HTSUS). You state that the exclusion text reads “[m]otorcycles with electric power for propulsion, each of a power not exceeding 1,000 W (described in statistical reporting numbers 8711.60.0050 or 8711.60.0090, effective July 1, 2019; described in statistical reporting number 8711.60.0000, effective prior to July 1, 2019.” As the output of the electric motor incorporated into the GT1AP scooter exceeds 1 kW, we disagree.
The classification of electric motors is predicated on many factors, such as the type of electricity applied to produce rotational force or the maximum power output of the motor. In the subject merchandise, the maximum power output of the motor is 3 kW while the exclusion text limits the output to 1 kW. As such, the GT1AP scooter is not accurately described in the exclusion text and would not meet the criteria for the 301 exemption.
The applicable subheading for Segway Super Scooter Model GT1AP, will be 8711.60.0090, which provides for, “Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without sidecars; sidecars: With electric motor for propulsion: Other”. The rate of duty will be FREE
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8711.60.0090, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.02, in addition to subheading 8711.60.0090, HTSUS, listed above.
The HTSUS is subject to periodic amendment, so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.
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 the World Wide Web at https://hts.usitc.gov/current.
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 Matthew Sullivan at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division