CLA-2-87:OT:RR:NC:N2:201
Sydney Mintzer
Mayer Brown, LLP
1999 K Street, NW
Washington, DC 20006
RE: The tariff classification of electric scooters from China
Dear Mr. Mintzer:
In your letter dated January 29, 2020, you requested a tariff classification ruling on behalf of your client, Uber Technologies, located in San Francisco, California.
The items under consideration have been identified as four (4) styles of electric powered scooters.
The first item, the Jump Ninebot, has an aluminum alloy frame and weighs 30 pounds. It features an 8-inch front and 7.5-inch rear solid core tires and is equipped with a 300w motor. The Ninebot has a 15.5mph maximum speed. The second item, the Jump Okai 200C, has an aluminum alloy frame and weighs 70 pounds. It features 10-inch front and rear solid core tires and is equipped with a 350w motor. The Okai 200C has a 20mph maximum speed. The third item, the Jump Okai 200D, has an aluminum alloy frame and weighs 50 pounds. It features 10-inch front and rear solid core tires and is equipped with a 350w motor. The Okai 200D has a 20mph maximum speed. The fourth item, the Jump XDS “Defender Turbo”, has an aluminum alloy frame and weighs 50 pounds. It features 10-inch front and rear solid core tires and is equipped with a 350w motor. The XDS “Defender Turbo” has a 15.5mph maximum speed.
The applicable subheading for the Jump scooter models “Ninebot”, “Okai 200C”, Okai 200D” and “XDS ‘Defender Turbo’” 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