CLA-2-87:RR:NC:MM:101 L83102

Mr. Jairo Gonzalez
Shoprider Mobility Products, Inc.
21184 S. Figueroa St.
Carson, California 90745

RE: The tariff classification of Scooters from Taiwan

Dear Mr. Gonzalez:

In your letter dated February 17, 2005 you requested a tariff classification ruling.

You submitted brochures of two scooters: Model Number TE-787M Scootie Jr. and TE-GK8 Dasher 4.

You state that these scooters are designed to assist the elderly as a means of transportation within the home, shopping centers, parks, etc. These scooters are not permitted to operate on highways, streets, or roads. These scooters travel at a speed of 4 mph. They are electrically powered by two 12 volt, 12 amp sealed lead acid batteries which generate 24 volts of direct current which powers one permanent motor. All scooters are equipped with a vinyl seat, left and right-side adjustable arm rests. The weight capacity for these scooters is 250 lbs. The TE-GK8 Dasher 4 is a 4-wheeled scooter, while the TE-787M Scootie Jr. is a 3-wheeled scooter.

The applicable subheading for the TE-787M Scootie Jr. (3-wheeled scooter) will be 8713.90.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for Carriages for disabled persons, whether or not motorized or otherwise mechanically propelled: Other…Three-wheeled. The rate of duty will be Free.

The applicable subheading for the TE-GK8 Dasher 4 (4-wheeled scooter) will be 8713.90.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for Carriages for disabled persons, whether or not motorized or otherwise mechanically propelled: Other…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 Robert DeSoucey at 646-733-3008.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division