CLA-2-87:OT:RR:E:NC:N1:101

Tariq Hasnain
WrenthamCom
1 Kenny Lane
Merrimack, NH 03054-2866

RE: The tariff classification of electric scooters from China

Dear Mr. Hasnain,

In your letter dated May 9, 2008, you requested a tariff classification ruling.

The items under consideration are two (2) electric scooters which have been identified as the Fengya Model TDM106 and the Linying Model TDM102.

The first item, the Fengya Model TDM106, is 1700 mm in length, 1000 mm in height and 400 mm in width. It is powered by a 600W motor with a 48V, 20AH battery, has a net weight of 90 kg and a maximum speed of 40 km/h.

The second item, the Linying Model TDM102, is 1850 mm in length, 1040 mm in height and 670 mm in width. It is powered by either a 500 or 600W motor with a 48V, 20AH battery, has a net weight of 92 kg and maximum speed of 40 km/h.

The applicable classification subheading for the Fengya Model TDM106 and Lingying Model TDM102 Electric Scooters will be 8711.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars … : Other”. The rate of duty will be Free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent Harmonized Tariff Schedule of the United States and the accompanying duty rates are provided on the World Wide Web at http://ww.usitc.gov /tata/hts/. In addition to classification you requested information regarding importation of initial sample products and then full fledged bulk importation. For general information on importing into the United States, contact your local Customs port or access the CBP website at www.cbp.gov. For commercial importation, you may wish to consult a Customs Broker to assist in preparing the entry documents and paying associated importing fees. Customs Brokers can be located in your local phone book.

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 Richard Laman at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division