CLA-2-87: OT: RR: NC: N2:201
Herbert J. Lynch
Sullivan & Lynch, PC
800 Turnpike Street, Suite 300
North Andover, MA 01845
RE: The tariff classification of electric bicycles from China
Dear Mr. Lynch:
In your letter dated November 7, 2019, you requested a tariff classification ruling on behalf of your client, Rex Enterprises (dba Rambo Bikes), of Lakeville, Minnesota.
The items under consideration have been identified as three (3) styles of electric powered bicycles.
The first item, the 1000 XPC Camo electric bicycle, has an aluminum frame that weighs 69 pounds. It features 26-inch "fat" tires with a tread designed for off road conditions and is equipped with a 48V 14.5AH (amp hour) battery which powers a 1,000 W motor.
The second item, the 750 XPC Camo electric bicycle, has an aluminum frame and weighs 66 pounds. It features 26-inch "fat" tires with a tread designed for off road conditions and is equipped with a 48V 11.6AH battery, which powers a 750 W motor.
The third item, the 500 X2WD two-wheel drive electric bicycle, has an aluminum frame and weighs 74 pounds. It features 26-inch anti-puncture high traction tires and is equipped with a 48V 14.5AH battery, which powers 500 W rear and front hub motors.
The applicable subheading for the Rambo Bikes models 1000 XPC Camo, 750 XPC Camo, and 500X2WD 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 general, column one rate of duty will be Free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8711.60.0090, HTSUS, unless specifically excluded, are subject to an 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 8711.60.0090, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the Section 301 trade remedy, you may refer to the relevant parts of the USTR and CBP websites, which are available at:
https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions https://www.cbp.gov/trade/remedies/301-certain-products-china
The articles in question may be eligible for an exclusion from the Section 301 tariffs, however, that determination will be made independently of the tariff classification ruling. For further information on admissibility please contact your assigned Customs Center of Excellence & Expertise office prior to the importation of the goods.
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