CLA-2-87:S:N:N1:101-876001
Mr. Jorge Alonso
Cycle Sport Center, Inc.
Ave. Ponce de Leon No. 61
Hato Rey, Puerto Rico 00917
RE: The tariff classification of motor scooters from India
Dear Mr. Alonso:
In your letter dated June 30, 1992 you requested a tariff
classification ruling. You have submitted descriptive brochures.
The imported merchandise is motor scooters. The literature
indicates the Bajaj Sunny is powered by a 2-stroke single
cylinder 50 cc engine. This scooter features a strong tubular
chassis, a primary chain and secondary gear transmission, a
centrifugal wet clutch, a 12 volt and 40 watt electrical system,
and an electronic CDI ignition. The Bajaj Sunny weighs
approximately 60 kgs and has a maximum speed of 50 km per hour.
The Bajaj Super is powered by a 2-stroke single cylinder
145.45 cc engine with rotary valve. This model weighs
approximately 91 kgs.
The Bajaj Chetak is powered by a 2-stroke single cylinder
145.45 cc engine. This scooter features a 4-speed gearbox (rear
wheel directly driven by engine through the clutch), kick style
starting, a 12 volt electrical system, and an electronic ignition
system. The Bajaj Chetak weighs approximately 94 kgs and has a
maximum speed of 85 km per hour.
The applicable subheading for the Bajaj Sunny motor scooter
will be 8711.10.0000, Harmonized Tariff Schedule of the United
States (HTS), which provides for motorcycles (including mopeds)
and cycles fitted with an auxiliary motor, with reciprocating
internal combustion piston engine of a cylinder capacity not
exceeding 50 cc. The rate of duty will be 3.7 percent ad
valorem.
The applicable subheading for the Bajaj Super and Bajaj
Chetak motor scooters will be 8711.20.0060, HTS, which provides
for motorcycles (including mopeds) and cycles fitted with an
auxiliary motor, with reciprocating internal combustion piston
engine of a cylinder capacity exceeding 90 cc but not exceeding
190 cc. The rate of duty will be 3.7 percent ad valorem.
Articles classifiable under subheadings 8711.10.0000 and
8711.20.0060, HTS, which are products of India may be entitled to
duty free treatment under the Generalized System of Preferences
(GSP) upon compliance with all applicable regulations.
Motorscooters may be subject to motor vehicle safety
standards and air emissions standards. Before you import such
vehicles it is strongly recommended that you contact the U.S.
Department of Transportation, National Highway Traffic Safety
Administration, Office of Vehicle Safety Compliance (NEF-32), 400
Seventh Street, S.W, Washington, D.C. 20590; and the U.S.
Environmental Protection Agency, Manufacturers Operations
Division (EN-340F), 401 M Street, S.W., Washington D.C. 20460.
Enclosed for your further information is the booklet "Importing
a Car, U.S. Customs Service."
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport
Enclosure: