CLA-2-95:RR:NC:SP:225 G87057

Mr. Michael H. Murray
Schenker, Inc.
2375 Hadley Road
Plainfield, Indiana 46168

RE: The tariff classification of a wheeled toy from China

Dear Mr. Murray:

In your letter dated February 1, 2001 you requested a tariff classification ruling on behalf of your client Safety 1st.

Two samples were submitted for our examination. The first item is a “10” Safety 1st, Mountain Kid” cycle. The product resembles a mini version of a bicycle with training wheels. However, there are distinct differences in the article's construction and size. The cycle is pedal driven, as opposed to chain-driven, its tires are made of hard, blow-molded, plastic and there is no braking system. The pedals are connected to the front wheel, which impedes balancing the cycle without the training wheels. The item is intended for children up to 4 years of age.

Unfortunately we are unable to issue a ruling on the “10” Safety 1st, SFX” chain drive cycle without knowing if the product has a freewheeling hub. We could not determine this with the sample provided because the article was inoperable and instructions for assembly were not included. If the necessary information is obtained you may resubmit your request with a working sample. Please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, Room 437, 6 World Trade Center, New York, NY 10048, attn: Binding Rulings Section. Your samples are being returned.

The applicable subheading for the “10” Safety 1st, Mountain Kid” will be 9501.00.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for wheeled toys designed to be ridden by children (for example, tricycles, scooters, pedal cars); parts and accessories thereof: 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 Alice J. Wong at 212-637-7028.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division