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NY R01096

December 2, 2004

CLA-2-87:RR:NC:MM:101 R01096


TARIFF NO.: 8712.00.2500

Ms. Felisa Sanchez Hale
Gardere Wynne Sewell LLP
1000 Louisiana, Suite 3400
Houston, Texas 77002-5007

RE: The tariff classification of a Road Bike from China

Dear Ms. Sanchez Hale:

In your letter dated November 23, 2004 you requested a tariff classification ruling on behalf of your client Chitech Industries II, Ltd.

You submitted a sample bicycle (that we are returning to you) as well as a picture of the bicycle. You have identified the bicycle as a “Road Bike” Model 8507-15 and is known as the “Canyon Roads” model.

You state in your narrative that this bicycle is non-motorized with a 221-inch frame size with both wheels measuring 66.67 cm in diameter and 2.54 cm in width. The bicycle has a net weight of 13.00 kg.

You further state that the bicycle is constructed such that tires exceeding 4.13 cm would not fit and would require substantial modification of the frame to accommodate a wider tire. In order to use a 4.13 cm tire on this bicycle, substantial work would be necessary to modify the frame. The rear stay widths would need to be increased and this would not be possible without modifying the frame of the bicycle. Modifying the frame of the bicycle to increase the rear stays would violate the integrity of the bicycle.

This office has measured the rear fork of the sample bicycle and it measures less than 4.45 cm (1.75196 inches).

The applicable subheading for the “Road Bike” Model 8507-15 will be 8712.00.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for Bicycles and other cycles (including delivery tricycles), not motorized: Bicycles having both wheels exceeding 63.5 cm in diameter: If weighing less than 16.3 kg without accessories and not designed for use with tires having a cross-sectional diameter exceeding 4.13 cm. The rate of duty will be 5.5% 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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