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NY J88604

September 15, 2003

CLA-2-87:RR:NC:MM:101 J88604


TARIFF NO.: 8714.99.8000

Mr. Nick Van Nice
Kuehne & Nagel
4202 E. Elwood St., Suite 23
Phoenix, Arizona 85040

RE: The tariff classification of Reflective Spoke Blazers from China

Dear Mr. Van Nice:

In your letter dated August 29, 2003 you requested a tariff classification ruling on behalf of your client CG Planning, LLC.

You submitted a sample package of twelve Reflective Spoke Blazers. You state that the spoke blazers are slit ABS plastic sleeves that snap onto spokes or wires. The spoke blazers measure 8” long by ¼” in diameter. They are wrapped in 3M™ Scotchlite™ reflective sheeting for high visibility. You state that the spoke blazers are marketed for “bicycles, wheel chairs, motorcycles, etc.” as stated on the packaging. In addition the importer stated to you that they may also be snapped onto fences or other wire objects to provide visibility from reflected light.

You suggest that the proper classification for the Reflective Spoke Blazers is either HTSUS 3924.90.5500 as household reflectors; or HTSUS 3926.30.5000 as plastic coachwork. We disagree with your proposed classifications. It is clear from the packaging of the Reflective Spoke Blazers that their principle use is with bicycles.

The applicable subheading for the Reflective Spoke Blazers will be 8714.99.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for Parts and accessories of vehicles of headings 8711 to 8713: Other: Other: Other. The rate of duty will be 10% ad valorem.

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.


Robert B. Swierupski

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