CLA-2-87:S:N:N1:101-868866

Mr. Mark Sommer
1728 S. Catalina Ave.
Redondo Beach, CA 90277

RE: The tariff classification of motorcycles and motor scooters from Taiwan

Dear Mr. Sommer:

In your letter dated November 15, 1991 you requested a tariff classification ruling regarding motorcycles and motor scooters. You have submitted descriptive information.

The Amigo RAX-125 motorcycle is powered by a 123 cc, air- cooled, 2-stroke, single cylinder engine. This motorcycle measures 1,980 mm long, 680 mm wide, 1,080 mm high, and weighs 112 kg. Features include a CDI ignition system and a kick type starter.

The Amigo AT-100 and AT-100RS motor scooters are powered by a 90.3 cc, air cooled, 2-stroke, single cylinder, gasoline engine. These scooters measure 1755 mm long, 665 mm wide, 1,040 mm high, and weigh 72 kg. Features include a CDI ignition and an electric or kick type starter.

The Amigo AT-50S and AT-50WB motor scooters are powered by a 49.26 cc, air-cooled, 2-stroke, single cylinder, gasoline engine. These scooters measure 1,755 mm long, 655 mm wide, and 1,040 mm high. The AT-50S weighs 72 kg and the AT-50WB weighs 62 kg. Features include a CDI ignition and an electric or kick type starter. The applicable subheading for the Amigo RAX-125 motorcycle, and the Amigo AT-100 and AT-100RS motor scooters will be 8711.20.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with reciprocating internal combustion piston engine of a cylinder capacity exceeding 90 cc but not exceeding 190 cc. The rate of duty will be 3.7 percent ad valorem.

The applicable subheading for the Amigo AT-50S and AT-50WB motor scooters will be 8711.10.0000, HTS, which provides for motorcycles (including moped) and cycles fitted with an auxiliary motor, with reciprocating internal combustion piston engine of a cylinder capacity not exceeding 50 cc. The rate of duty will be 3.7 percent ad valorem.

Motorcycles and motor scooters may be subject to motor vehicle safety standards and air emission standards. Before you import such vehicles it is strongly recommended that you contact the U.S. Department of Transportation, National Highway Traffic Safety Administration, Office of Vehicle Safety Compliance (NEF- 32), 400 Seventh Street, S.W., Washington, D.C. 20590; and the U.S. Environmental Protection Agency, Manufacturers Operations Division (EN-340F), 401 M Street, S.W., Washington, D.C. 20460. Enclosed for your further information is the booklet "Importing a Car, U.S. Customs Service." This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Sincerely,

Jean F. Maguire
Area Director
New York Seaport

Enclosure: