CLA-2-87:OT:RR:NC:N1:101
Kevin L. Kahmeyer
V-twin Custom MFG. LLC
P.O. Box 4529
Tampa, FL 33677-4529
RE: The tariff classification of gas-powered scooters from China
Dear Mr. Kahmeyer,
In your letter dated April 13, 2009, you requested a tariff classification ruling.
The items under consideration are two, gas-powered scooters, identified as Models KM50QT-4 and KM50QT-2B.
The KM50QT-4 is powered by a 49.65cc, 4-Stroke, Single cylinder spark-ignition internal combustion engine which generates 3.35 hp. It is equipped with a Continuously Variable Transmission (CVT), has a maximum load capacity of 150 Kg and a maximum speed of 75km/h.
The KM50QT-2B is powered by a 49.65cc, 4-Stroke, Single cylinder spark-ignition internal combustion engine which generates 3.35 hp. It is equipped with a Continuously Variable Transmission (CVT), has a maximum load capacity of 220 lbs. and a maximum speed of 50km/h.
The applicable classification subheading for both the KM50QT-4 and KM50GT-2B will be 8711.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Motorcycles … , with or without side-cars … : With reciprocating internal combustion piston engine of a cylinder capacity not exceeding 50 cc”. The rate of duty will be Free.
Duty rates are provided for your convenience and are subject to change. The text of the most recent Harmonized Tariff Schedule of the United States and the accompanying duty rates are provided on the World Wide Web at http://ww.usitc.gov /tata/hts/.
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 Richard Laman at 646-733-3017.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division