CLA-2 CO:R:C:M 088666 AJS
John N. Politis, Esq.
Politis, Pollack & Doram
Attorneys at Law
3255 Wilshire Blvd.
Suite 1688
Los Angeles, CA 90010
RE: Bicycles; HQ 087735; HQ 950319.
Dear Mr. Politis;
This is in reply to your letter of February 6, 1991,
regarding the tariff classification of the models A05, C20 and
C30 bicycles.
FACTS:
The articles at issue are the A05, C20 and C30 bicycles.
They each possess wheels exceed 63.5 cm in diameter, and weigh
less than 16.3 kg complete without accessories. In addition,
they all possess the same frame except that the rear bridge of
the C30 is mounted 6 mm higher on the frame.
ISSUE:
Whether the subject bicycles are properly classifiable
within subheading 8712.00.25, Harmonized Tariff Schedule of the
United States, (HTSUS), which provides for "bicycles having both
wheels exceeding 63.5 cm in diameter: [i]f weighing less than
16.3 kg complete without accessories and not designed for use
with tires having a cross-sectional diameter exceeding 4.13 cm.";
or classifiable within subheading 8712.00.35, HTSUS, which
provides for "other" bicycles having wheels exceeding 63.5 cm in
diameter.
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LAW AND ANALYSIS:
In HQ 087735 (August 27, 1990), Customs interpreted the
predecessor provision of subheading 8712.00.25, HTSUS (i.e.,
8712.00.20). We stated that in order for a bicycle to be
classified in this provision, the importer must demonstrate that
there are important design features in the bicycle that preclude
the use of tires exceeding 1.625 inches (currently 4.13 cm).
Furthermore, it is not enough to prove that a bicycle was
designed with smaller tires in mind. The use of larger tires
must be inconsistent with the safe and proper operation of the
bicycle.
In HQ 950319 (December 11, 1991), Customs specified the
proper procedure for determining whether a bicycle is "not
designed for use with tires having a cross-sectional diameter
exceeding 4.13 cm." In this ruling, we stated that if a
clearance of greater than 1.6 mm does not exist between the
bicycle tire and fork or any frame member when the wheel assembly
is rotated to any position, then the bicycle is classifiable
within subheading 8712.00.25, HTSUS.
In the models A05 and C20 a permanently affixed rear
reflector is attached to the rear bridge. The distance between a
4.13 cm tire and this reflector is minus 3.65 mm. Therefore, a
clearance of greater than 1.6 mm does not exist between the tire
and a frame member. Accordingly, both of these models are
properly classifiable within subheading 8712.00.25, HTSUSA.
The model C30 is the same as the other two, except that the
rear bridge is mounted 6 mm higher on the frame. The distance
between a 4.13 cm tire and rear reflector is plus 2.35 mm. In HQ
950319, we stated that if the clearance between the tire and
frame member exceeds 1.6 mm, and no substantial work involving
welding or other frame adjustment is necessary to accommodate a
tire with a width greater than 4.13 cm, then the bicycle is
classifiable within subheading 8712.00.35, HTSUS. The C30
satisfies this description. There is no indication that any
substantial work is necessary in this instance. Therefore, the
C30 is classifiable within subheading 8712.00.35, HTSUS.
It is claimed that if the tolerances in the fixed dimensions
are taken into account, it is possible that the above clearance
for the C30 will only be 0.35 mm. In HQ 950319, we stated that a
clearance of greater than 1.6 mm must exist when the wheel
assembly is rotated to any position. We did not state that this
clearance must exist when possible wheel tolerances are taken
into account. What is critical in this case is the fact that the
C30 has a clearance of 2.35 mm, and no substantial work is
necessary to accommodate a tire with a width exceeding 4.13 cm.
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HOLDING:
The models A05 and C20 bicycles are classifiable within
subheading 8712.00.25, HTSUS, which provides for "[b]icycles
having both wheels exceeding 63.5 cm in diameter: [i]f
weighing less than 16.3 kg complete without accessories and not
designed for use with tires having a cross-sectional diameter
exceeding 4.13 cm."
The model C30 bicycle is classifiable within subheading
8712.00.35, HTSUS. which provides for "other" bicycles having
both wheels exceeding 63.5 cm.
Sincerely,
John Durant, Director
Commercial Rulings Division