CLA-2-87:S:N:N1:101-882137

Mr. Jim Brooks
Re-Mark International
4 Systems Dr., Suite C
Appleton, WI 54914

RE: The tariff classification of bicycles from India

Dear Mr. Brooks:

In your letter dated January 18, 1993 you requested a tariff classification ruling. You have submitted descriptive literature.

Your company plans to import children's bicycles, racing bicycles and all-terrain bicycles (mountain bikes) from India. These bicycles will be shipped with the handle bars and wheels removed and packed one complete bicycle per box. The bicycles are described as follows:

Model ATB-S is the Rebel 10 speed mountain bicycle. The frame size is 48.26 centimeters (19 inches) and the wheels size is 66.4 x 5.397 centimeters (26 x 2.125 inches). This bicycle weighs 17.3 kilograms.

Model ATB-B is the all-terrain bicycle. The frame size is 35.56 centimeters (14 inches) and the wheels size is 50.8 x 5.397 centimeters (20 x 2.125 inches). This bicycle weighs 14.3 kilograms.

Model ABC is the children's bicycle. The frame size is 40.64 centimeters (16 inches) and the wheels size is 50.8 x 4.445 centimeters (20 x 1.75 inches). This bicycle weighs 10.5 kilograms.

Model PRO-10 is the roadster racer. The frame size is 57.07 centi- meters (22.5 inches) and the wheels size is 68.58 x 2.875 centimeters (27 x 1.25 inches). This bicycle weighs 16.8 kilograms.

The applicable subheading for the model ATB-S (Rebel 10 speed mountain bicycle) will be 8712.00.3500, Harmonized Tariff Schedule of the United States (HTS), which provides for bicycles having both wheels exceeding 63.5 cm in diameter, other. The rate of duty will be 11 percent ad valorem.

The applicable subheading for the models ATB-B (all-terrain bicycle) and ABC (children's bicycle) will be 8712.00.1520, HTS, which provides for bicycles having both wheels exceeding 50 cm but not exceeding 55 cm in diameter. The rate of duty will be 11 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the model PRO-10 (roadster racer). The tariff classification of this model bicycle currently is dependent upon careful measurements of the front fork, seat stay, and chain guard. Your request for a classification ruling should include a sample of the model PRO- 10 bicycle or a manufacturer's blue print and/or specification sheet clearly indicating the distance between the inside of the frame members at the point where the widest part of the tire passes through (see annotation on enclosed picture).

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: