CLA-2-87:OT:RR:NC:N2:201
Kathy Harrison
Speed Logistics Services
4200 Regent St, Suite 200 Columbus, OH 43219
RE: The tariff classification of an Electric Motorcycle from China
Dear Ms. Harrison:
In your letter dated December 16, 2024, you requested a tariff classification ruling on behalf of your client, Hyper Bicycles, Inc., located on Malaga Park Drive, New Jersey.
The item under consideration has been identified as an Electric Motorcycle, model HYP-EBB-1109. You state that the electric motorcycle has the following features:
Maximum 400w
Maximum speed 13MPH
Maximum rider weight 120lbs
Maximum range 6-7miles
Age designation - 5+ yrs
You indicate that the “friendly design allows children to develop essential motor skills and [riding] confidence with ease”, and “unlike traditional bicycles or e-bikes, the rider’s feet can remain on the ground at all times while being propelled, making it easier for them to balance and control the bike”. Please note that, per the information provided, including the information from the Consumer Product Safety Commission (CPSC) this would not be considered a “bicycle”, or “e-bike” because of the lack of pedals for propulsion.
In your request you suggest classification in 9503.00.0073, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Tricycles, scooters, pedal cars and similar wheeled toys….: Other: Labeled or determined by importer as intended for use by persons: 3 to 12 years of age”. We disagree.
Based on our review of the information provided, this office is of the opinion that the product is not a wheeled toy classifiable in heading 9503. Use of the product requires training and acquired skill to fully utilize the item. It also involves a meaningful risk of injury. We also note that the product can reach speeds of up to 13mph and requires balance and advanced motor skills for safe operation. Therefore, the item lacks the characteristics associated with classification as a wheeled toy in Chapter 95, HTSUS.
The applicable subheading for this Electric Motorcycle (HYP-EBB-1109) will be 8711.60.0090, 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.” 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 8711.60.0090, 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., 9903.88.02, in addition to subheading 8711.60.0090, 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/.
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