CLA-2-87:OT:RR:NC:N2:201
Robert W. Hardy
International Trade Consultants
1647 Isabella Court
Millersville, MD 21108
RE: The tariff classification of an electric bicycle from China
Dear Mr. Hardy:
In your letter dated January 31, 2019 you requested a tariff classification ruling on behalf of your client, Sun Mountain Sports, located in Missoula, Montana.
The item under consideration is a two wheeled, battery powered cycle, identified as the "Finn Cycle."
The Finn Cycle is a two wheeled vehicle with the appearance of a motorcycle, and is equipped with handlebars for steering, lights, a twist grip accelerator, and brakes. You state it has a maximum speed of approximately 15 mph, and is designed to carry one person, with a compartment for a golf bag.
You state that the cycle is designed to be used off-road, specifically on a golf course. It is powered by a deep cycle battery that you state is capable of lasting 54 holes of golf before requiring recharging. You state the battery, which no information has been provided for, will not be imported with the cycle.
The applicable subheading for the Finn Cycle will be 8711.60.0000, 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; side-cars: With electric motor for propulsion”. The rate of duty will be Free.
Effective July 6, 2018, the Office of the United States Trade Representative imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. For additional information see “Notice of Action and Request for Public Comment Concerning Proposed Determination of Action Pursuant to Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation” (June 20, 2018, 83 F.R. 28710). Products of China that are provided for in subheading 9903.88.01 and classified in one of the subheadings enumerated in U.S. note 20(b) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by subheading 9903.88.02 .
Products of China classified under subheading 8711.60.0000, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.02, in addition to subheading 8711.60.0000, HTSUS, listed above.
The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at https://hts.usitc.gov/current.
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 Matthew Sullivan at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division