CLA-2-87:OT:RR:NC:N1:101
Shannon Noble, Customs Specialist
Specialized Bicycle Components
1475 South 5070 West, Suite A
Salt Lake City, UT 84104-4750
RE: The tariff classification and marking requirements of a bicycle, water bottle holder and mini bag from Taiwan and China
Dear Ms. Noble,
In your letter dated January 19, 2012, you requested a tariff classification ruling.
The item being considered is a Dolce Sport Compact X3 or Dolce Sport Triple Bicycle. You state that the frame is manufactured of A1 Premium Aluminum with fully manipulated tubing, is smooth-welded, has a women’s endurance geometry, a 1?" integrated headset and rack eyelets. The front and rear tires have a cross- sectional diameter of 2.3 centimeters and a wheel diameter, with tires, of 67.5 centimeters. The Bicycle weighs 9.15 kilograms.
The applicable classification subheading for the Dolce Sport Compact X3/Dolce Sport Triple Bicycle will be 8712.00.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Bicycles … , not motorized: Bicycles having both wheels exceeding 63.5 cm in diameter: 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.” The rate of duty will be 5.5%.
You state in your request that unassembled components of the Bicycle will be imported in a single box with two (2) other items: a Zee Cage Alloy and a Mini-Wedgie. The Zee Cage Alloy is a tubular piece of aluminum framing that is meant to be attached to a bicycle and hold a beverage bottle. The Mini-Wedgie is a rectangular, zippered, nylon and polyurethane pouch with straps meant to attach to a bicycle. You further state in your request that the Bicycle will be assembled by U.S. dealers after sale prior to customer pickup; the assembly will include the Zee Cage Alloy and Mini-Wedgie.
Classification of goods in the Harmonized Tariff Schedule of the United States (HTSUS) is governed by the General Rules of Interpretation (GRIs). The Explanatory Notes (ENs) to the Harmonized Commodity Description and Coding System, which represent the official interpretation of the tariff at the international level, facilitate classification under the HTSUS by offering guidance in understanding the scope of the headings and the GRIs. EN General Rules For The Interpretation of the Harmonized System, Rule 2(a)(VII) states “Unassembled components of an article which are in excess of the number required for that article when complete are to be classified separately.” Both the Zee Cage Alloy and Mini-Wedgie, therefore, are classifiable separately from the Bicycle as individual articles.
As regards to your inquiry concerning appropriate Country of Origin markings, the marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. The permanency of a marking, Section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.
The box in which the Dolce Sport Compact X3/Dolce Sport Triple Bicycle components, the Zee Cage Alloy and Mini-Wedgie will be imported together must state clearly on the outside the country of origin of each item. In addition, each item must have a separate country of origin marking adhered to it as per the Customs Regulations noted above since the marked box will not be received by the ultimate purchaser.
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,
Thomas J. Russo
Director
National Commodity Specialist Division