CLA-2-87:OT:RR:NC:N2:201
Susan B. Bell
Oceanair, Inc.
202 US Route One, Suite 204
Falmouth, ME 04105
RE: The tariff classification of a personal mobility vehicle from China
Dear Ms. Bell:
In your letter dated July 12, 2019, you requested a tariff classification ruling.
The item under consideration has been identified as the “Suncycle”, a pedal driven motorized personal transport vehicle equipped with a rear hitch that can tow items such as kayaks, small boats and the like. In your request, you state that the mobile device would enable handicapped or disabled people to use neighborhood transport, but did not provide any evidence that the vehicle was incapable of being used by non-disabled persons for the same neighborhood transportation.
According to your email dated July 16, 2019, the single occupant vehicle is equipped with four wheels with either a 250 or 350 watt electric motor which is powered by solar energy. You additionally state that the vehicle is capable, using electric propulsion only, of travelling at a maximum of 16 mph. You state that the Suncycle will be imported assembled.
The applicable subheading for the Suncycle with the 250 watt electric motor will be 8711.60.0050, 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: Of an output not exceeding 250 W”. The rate of duty will be Free.
The applicable subheading for the Suncycle with the 350 watt electric motor will be 8711.60.0090, 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: Other”. The rate of duty will be Free.
Effective July 6, 2018, the Office of the United States Trade Representative (USTR) 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. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) 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 the aforementioned Chapter 99 subheadings.
Products of China classified under subheading 8711.60.0050 and/or 8711.60.0090, 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 8711.60.0050 and/or 8711.60.0090, 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