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NY N023090




February 27, 2008

CLA-2-87:OT:RR:NC:N1:101

CATEGORY: CLASSIFICATION

TARIFF NO.: 8711.90.0000

Michael S. Dubin, President
Diversified Brokerage Services, Inc.
5902 Johns Road
Tampa, FL 33634-4422

RE: The tariff classification of an electric vehicle from China

Dear Mr. Dubin,

In your letter dated February 4, 2008, you requested a tariff classification ruling.

The item concerned is a two-wheeled, Electric Cycle which you have identified as Model PB710. A photograph and technical specifications were provided with your Ruling Request.

The Cycle is equipped and propelled by both pedals, and/or a 350-Watt motor powered by a 48-Volt battery which is located beneath the floorboards. It measures approximately 65 inches in length, 27 inches in width and 40 inches in height with a seat height of approximately 28 inches. The weight of the Cycle is 150 lbs. and it has a top motor-assisted speed of under 20 m.p.h..

The applicable classification subheading for the Electric Cycle (Model PB710) will be 8711.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars : Other”. The rate of duty will be Free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent Harmonized Tariff Schedule of the United States and the accompanying duty rates are provided on the World Wide Web at http://ww.usitc.gov /tata/hts/.

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 Richard Laman at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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