CLA-2-87:OT:RR:NC:N2:201
Peter Murray
Riley Scooters
21 Sli An Bhradain Claregalway H91NFH5 Ireland
RE: The tariff classification of electric scooters and e-bike from China
Dear Mr. Murray:
In your letter dated January 24, 2024, you requested a tariff classification ruling.
The items under consideration have been identified as two (2) models of electric scooters and two (2) models of electric bicycles.
The first item has been identified as the RS1, a collapsible electric scooter. The RS1 is equipped with a 350-watt electric motor and has an estimated range and maximum speed of 15.5 miles-per-hour.
The second item has been identified as the RS3, a collapsible electric scooter. The RS3 is equipped with a 350-watt electric motor, and has an estimated range, and maximum speed, of 15.5 miles-per-hour. You state in your request that both the RS1 and RS3 are programmed with three (3) drive modes, beginner, eco, and sport.
The third and fourth items have been identified as the RB1, an electric bicycle. You state that there will be two (2) versions of the RB1, one will have pedal assist without throttle and would not be capable of self-propulsion, and the other will have pedal assist with throttle capable of 100% self-propulsion without rider intervention. You indicated the packaging will identify the Riley “RB1” as the pedal assist start, and the pedal assist with throttle as the “RB1-T”. Each version of the RB1 is equipped with a 250-watt brushless motor, has an estimated range of 27-37 miles, and a maximum speed of 15.5 miles-per-hour.
In your request, you suggest classification of the RB1 in 8711.60.1000, Harmonized Tariff Schedule of the United States (HTSUS). This tariff number is not valid and does not appear in the 2024 HTSUS.
The applicable subheading for the RS1 and RS3 will be 8711.60.0090, HTSUS, which provides for “Motorcycles (including mopeds) and cycles fitted with an auxiliary motor,…: With electric motor for propulsion: Other. The rate of duty will be Free.
The applicable subheading for both versions of the RB1 will be 8711.60.0060, HTSUS, which provides for “Motorcycles (including mopeds) and cycles fitted with an auxiliary motor,…: With electric motor for propulsion: Of an output not exceeding 250 W”. 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 HTSUS and the accompanying duty rates are provided at https://hts.usitc.gov/current.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8711.60.0060 and 8711.60.0090, 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., 9903.88.67, in addition to subheading 8711.60.0060 and 8711.60.0090, HTSUS, listed above. Please note, these vehicles are, at the moment, excluded from this additional duty. Please be aware that this exclusion is set to expire on May 31, 2024.
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, 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.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
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