CLA-2-90:RR:NC:N1:105 K81790
Mr. Leslie Klein
SRM Service Center USA
7555 Julynn Road
Colorado Springs, CO 80919
RE: The tariff classification of bicycle related items from Germany
Dear Mr. Klein:
This is the text of the actual letter that was issued to the inquirer. It corrects the draft of this letter numbered as K80388 and stored in Customs Rulings Online Search System (Cross) with the correction noted below in italics.
In your letter dated October 30, 2003, you requested a tariff classification ruling.
You import separately five items, PowerMeters, PowerControls, Chain Rings, Cranks, and Cables. The PowerMeter and the Chain Ring are joined together in the sample you submitted, but we understand from your letter that they will be imported separately.
You will resell these either together as elements of the SRM system “for use on a bicycle in scientific testing and research and to promote health and fitness” or individually as replacement parts.
The metal Chain Rings and Cranks replace the ones already on any standard bicycle and continue to perform the standard function for each. The replacement is made so the PowerMeter can be readily integrated into the bicycle.
You state that the PowerControl is “a small portable computer that receives and processes data transmitted from the PowerMeter.” It does not perform a control function, but keeps time, calculates the desired parameters from the raw data received, and displays that information. We assume it will be attached to the bicycle’s handle bars. Since it displays Heartrate as well as Power, Time, Speed, Distance, and Cadence, we assume it actually receives data also from another device, since we see no way the PowerMeter attached to the Chain Ring could transmit heartbeat data.
Noting New York Ruling Letter H83311-105, 7-18-01, the applicable subheading for the PowerControl will be 9029. 20.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for bicycle speedometers. The rate of duty will be 6 percent ad valorem.
The applicable subheading for the Chain Ring gear will be 8714.96.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” crank gear and parts thereof. The rate of duty will be 10 percent ad valorem.
The applicable subheading for the crank will be 8714.99.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” parts and accessories of vehicles of Headings 8711 to 8713. The rate of duty will be 10 percent ad valorem.
Regarding the Cables and the PowerMeter, we are returning your request for a classification ruling, and any related samples, exhibits, etc., because we need additional information in order to issue a ruling. Please submit the additional information indicated below:
1. Regarding the Cables, you state, “a download cable is used for attaching the SRM Power Control to the serial port of a computer to download the data collected.” However, while one end of the cable does plug into the PowerControl, the cable bifurcates at the other end into two small plastic cylinders, which clearly cannot be plugged into a serial port. One of the cylinders has a magnet inside it, but the other does not. Explain in detail what the cable will connect and how it will interface with other devices.
2. Regarding the PowerMeter, you state that it is a “torque transducer,” but we do not see how it could measure torque, in lbf-feet, etc, and the PowerControl does not display a torque measurement. Explain, including a definition of the Power displayed. Also, it appears that it might be a part of a rotary encoder, i.e., a device which emits pulses of electricity proportional to the number of rotations it experiences. If so, explain how it works. If not, explain how the PowerControl gets the information about the Cadence, etc.
When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If you have any questions regarding the above, contact National Import Specialist J. Sheridan at 646-733-3012.
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 J. Sheridan at 646-733-3012.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division