CLA-2 CO:R:C:M 952299 LTO

Ms. Cynthia L. Ornelas
Martin Brokerage Company
140 N. Cotton
El Paso, Texas 79901-1755

RE: Racing Bicycle; Mountain Bicycle; HQ 950319; HQ 951864; 8712.00.25

Dear Ms. Ornelas:

This is in response to your letter of July 16, 1992, requesting the classification of a 10-Speed Racing Bike and a Mountain Bike under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The articles in question are two types of bicycles. The first is the 10-speed Racing Bike. This bicycle's tire measurements are 27" x 1.25". The second is the Mountain Bike. This bicycle's tire measurements are 26" x 1.95". Both bicycles weigh less than 16.3 kg complete without accessories.

ISSUE:

Whether the Racing Bike and the Mountain Bike are classifiable as bicycles having both wheels exceeding 63.5 cm in diameter, 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 under subheading 8712.00.25, HTSUS.

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI's) to the HTSUS govern the classification of goods in the tariff schedule. GRI 1

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states in pertinent part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes . . . ."

Heading 8712, HTSUS, provides for "[b]icycles and other cycles . . ., not motorized." The following subheadings are at issue in the present case: Bicycles having both wheels exceeding 63.5 cm in diameter:

8712.00.25 If 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 * * * * * * * * * * * * * 8712.00.35 Other

In HQ 087735, dated August 27, 1990, this office stated that for a bicycle to be classified under subheading 8712.00.25 (then, subheading 8712.00.20), HTSUS, the importer must demonstrate that there are important design features in the bicycle that preclude the use of tires exceeding 4.13 cm. Furthermore, we stated that it is not enough to prove that a bicycle was designed with smaller tires in mind. The use of tires exceeding 4.13 cm must be inconsistent with the safe and proper operation of the bicycle.

The Mountain Bike is imported with a tire measuring 26" x 1.95". This bicycle is obviously designed for use with tires having a cross-sectional diameter exceeding 4.13 cm. Therefore, it is classifiable under subheading 8712.00.35, HTSUS.

As for the Racing Bike, because a sample was not provided, the bicycle must be measured upon importation to determine whether it falls under subheading 8712.00.25, HTSUS, or subheading 8712.00.35, HTSUS. The guidelines for making this determination were set forth in HQ 950319, dated December 11, 1991, and HQ 951864, dated October 23, 1992.

In HQ 950319, this office set forth the procedure for determining whether a bicycle exhibits important design features that preclude the safe and proper use of tires having a cross- sectional diameter exceeding 4.13 cm. In HQ 951864, this procedure was amended and now stands as follows:

1. Does a clearance of greater than 1.6 mm exist between the bicycle tire and fork or any frame member when the wheel assembly is rotated to any position? For

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example, is the width of the front fork (measured horizontally where the widest part of a tire would be located) greater than 4.45 cm (this represents 4.13 cm plus 1.6 mm on each side of the tire)?

If the answer is "no", then the bicycle is classifiable within subheading 8712.00.25, HTSUS.

If the answer is "yes", then the following question should be addressed:

2. Would any substantial work involving welding or other frame adjustment be necessary to accommodate a tire with a width of greater than 4.13 cm (such work could involve moving studs for caliper brakes, etc.)?

If the answer is "yes", then the bicycle is classifiable within subheading 8712.00.25, HTSUS. Mere certification by the importer or manufacturer is not sufficient for this above determination. Independent engineering or laboratory reports should be consulted.

If the answer is "no", then the bicycle is classifiable within subheading 8712.00.35, HTSUS, based on the fact that the use of tires exceeding 4.13 cm would not be inconsistent with the safe and proper operation of the bicycle.

HOLDING:

The Mountain Bike is classifiable under subheading 8712.00.35, HTSUS, which provides for "[b]icycles and other cycles . . ., not motorized . . . [b]icycles having both wheels exceeding 63.5 cm in diameter . . . [o]ther." The corresponding rate of duty for articles of this subheading is 11% ad valorem.

Classification of the Racing Bike will be in accordance with the revised guidelines set forth in HQ 951864, dated October 23, 1992.

Sincerely,

John Durant, Director
Commercial Rulings Division