CLA-2-87:RR:NC:MM:101 R00358
Mr. Niel Christian Nielsen
Nielsen Enterprises
3019 S. 256th Street
Kent, Washington 98032
RE: The tariff classification of a Gas Powered and Electric Powered Scooter from China
Dear Mr. Nielsen:
In your letter dated May 7, 2004 you requested a tariff classification ruling.
You submitted information on 5 gas powered and electric powered scooters:
GA-621 is powered by a 43 cc, gasoline, 2-stroke engine with a speed of 20-23 km (sic). The maximum weight capacity is 90 kg.
GA-625 is powered by a 43 cc, gasoline engine with a speed of 26 km/hr and a range of 50 km. The weight capacity is 100 kg.
GA-633 is powered by a 49 cc, gasoline engine with a speed of 42 km/hr and a range of 70-80 km.
ES-226 is powered by a 24 V, 500 W motor with a recharging period of 3-6 hours. Speed is 25 km/hr with a range of 30-35 km. The maximum load is 150 kg.
GA-631 is powered by a 49 cc, gasoline engine with a speed of 55 km/hr. The load is 100 kg.
The applicable subheading for the four (4) Gasoline-powered Scooters -
GA-621, GA-625, GA-633, and GA-631 will be 8711.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars: With reciprocating internal combustion piston engine of a cylinder capacity not exceeding 50 cc. The rate of duty will be Free.
The applicable subheading for the Electric-powered Scooter - ES-226 will be 8711.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars: Other. The rate of duty will be Free.
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 Robert DeSoucey at 646-733-3008.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division