CLA-2-87:OT:RR:NC:N2:201
Kylie Coziahr
Academy Sports + Outdoors
1800 N. Mason Road Katy, TX 77449
RE: The tariff classification of a pedal assist e-bicycle from China
Dear Ms. Coziahr:
In your letter dated April 12, 2023, you requested a tariff classification ruling.
The item under consideration has been identified as the Emerge, a pedal-assist e-bike from China. Please note, in pedal-assist systems the electric motor is regulated by pedaling. A pedal-assist augments the efforts of the rider when they are pedaling. These e-bikes, also called pedelecs, are equipped with a sensor to detect the pedaling speed, the pedaling force, or both.
You state that the Emerge has a 250W electric motor, a 36V 7.5aH Lithium-Ion Battery (270Wh), and an aluminum Alloy (A6061) frame. In your request, you state that the Emerge has a maximum driving range of approximately 26 miles of charge in “pedal-assist mode”, and approximately 15.2 miles of charge in “throttle-only mode”, and its maximum speed is 20 miles per hour. The Emerge is equipped with an LED headlight and display.
In our email, dated April 12, 2023, this office asked whether in “throttle-only mode” the Emerge was capable of 100% self-propulsion; meaning that the vehicle was capable of propulsion without rider intervention, or as a pedal-assist only. You responded that, “the rider peddles the bike to get in motion before activating the throttle”.
In your request, you suggest classification in 8711.60.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for, “Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars: With electric motor for propulsion: Other”. In your email to our office, dated April 17, 2023, you stated that the Emerge was powered by a single, rear mounted 250W electric motor. Therefore, the e-bike would be specifically provided for elsewhere in the nomenclature.
In addition, you requested guidance as to whether this electric bicycle will be subject to additional duties under Section 301, or if the product would qualify for the product exclusion under HTSUS note 20(ttt)(ii)(31) to subchapter III of chapter 99, 9903.88.67, which included: (31) Motorcycles 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). Because the Emerge is powered by a 250W electric motor it does meet the first part of the exemption, but because the vehicle, according to your email to our office, is not capable of 100% self-propulsion it would not be considered a “motorcycle” and would therefore not be eligible for the product exclusion set out in US Note 20(ttt)(ii)(31).
The applicable subheading for the Emerge e-bike will be 8711.60.0050, HTSUS), which provides for “Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars: With electric motor for propulsion: Of an output not exceeding 250 W”. 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 8711.60.0050, 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 8711.60.0050, 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 at https://hts.usitc.gov/current
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Matthew Sullivan at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division