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HQ 965487

July 11, 2002

CLA-2: RR:CR:GC 965487 DBS


TARIFF NO.: 9501.00.40

Port Director
U.S. Customs Service
301 East Ocean Blvd.
Long Beach, CA 90802

RE: Protest 2704-01-102234; foot-propelled scooters

Dear Port Director:

This is our decision on Protest 2704-01-102234 filed against your classification under the Harmonized Tariff Schedule of the United States (HTSUS), of foot-propelled scooters. The entries were liquidated on May 18, May 25, June 1, and June 29, 2001. The protest was timely filed on August 13, 2001. In accordance with section D(1)(e) of Customs Directive #099-3550-065, dated August 1, 1993, this protest has been designated the “lead” protest. A list of the protests is attached.


The subject merchandise consists of five models of Huffy Corporation’s “Micro Scooters” (Models 28170, 58121, 58131, 58141 and 38170), and “MS-131 Rollerboards). The "Micro Scooter" is a foot-propelled scooter that consists of an aluminum platform 20 inches (50.8 cm) long by 4 inches (10 cm) wide, with a retractable, two position steering column measuring from 18 inches (45.7 cm) to 31 inches (78.7 cm). The scooter has two hard plastic100 mm (4 in) wheels. The rear wheel is welded to the rear of the platform and the front wheel is welded to the steering column. The scooters have a rear friction brake. The weight carrying capacity of this scooter is 250 lbs. (113 kg). However, the box in which the scooter is sold has printed on it a recommended weight limit of 200 lbs. (90.7 kg).

Customs published notice of proposed revocations and a modification of ruling letters and revocation of treatment previously accorded by Customs to the tariff classification of substantially similar foot-propelled scooters and parts of scooters in a scooter repair kit on May 29, 2002, in the Customs Bulletin, Volume 36, Number 22. Headquarters Ruling Letter (HQ) 965510, dated July 9, 2002 revokes a ruling letter which classified substantially similar scooters under heading 8716, HTSUS, which provides, in part, for other vehicles not mechanically propelled. This new ruling classifies the scooter in subheading 9501.00.40, HTSUS, which provides eo nomine for scooters and parts thereof.

The analysis applied in that ruling applies here. The LAW AND ANALYSIS section of HQ 965510 is incorporated by reference. A copy of HQ 965510 is enclosed. See also HQ 965511, HQ 965512, HQ 965513, HQ 965514, HQ 965515, HQ 965516, HQ 965758, HQ 965757, HQ 965756, HQ 965755 and HQ 965760, all dated July 9, 2002. The final revocation and these rulings will be published in a forthcoming issue of the Customs Bulletin.


The protest should be GRANTED. The “Kick” foot-propelled scooter is classifiable in subheading 9501.00.40, HTSUS, which provides for “Wheeled toys designed to be ridden by children (for example, tricycles, scooters, pedal cars); dolls’ carriages and dolls’ strollers; parts and accessories thereof: wheeled toys designed to be ridden by children and parts and accessories thereof: other.”

In accordance with Section 3A(11)(b) of Customs Directive 099 3550-065, dated August 4, 1993, Subject: Revised Protest Directive, you are to mail this decision, together with the Customs Form 19, to the protestant no later than 60 days from the date of this letter. Any reliquidation of the entry or entries in accordance with the decision must be accomplished prior to mailing the decision.

Sixty days from the date of the decision the Office of Regulations and Rulings will make the decision available to Customs personnel, and to the public on the Customs Home Page on the World Wide Web at www.customs.gov, by means of the Freedom of Information Act, and other methods of public distribution.


Myles B. Harmon, Acting Director
Commercial Rulings Division

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