CLA-2-95:OT:RR:NC:N4:424
Michelle Frennier
Concept2, Inc.
105 Industrial Park Drive
Morrisville, VT 05661
RE: The tariff classification of stationary exercise bicycle parts from China
Dear Ms. Frennier:
In your letter dated September 28, 2022, you requested a tariff classification ruling.
Illustrations and descriptions of two parts, part 7165 “Front Foot” and part 2465 “Front Foot with Caster Assembly,” both used in the production of Concept2 stationary fitness bicycle ergometers were received with your inquiry.
The first product under consideration is identified as Part 7165 which is comprised of 13GA, 2.278 mm thick hot rolled pickled and oiled steel sheet and is bent along its width 4 times to form a “C” shape with rounded corners. The finished part also contains punched hex holes and a powder coat finish. The article is advanced well beyond a basic steel product. The front foot is attached to the exercise bicycle with four stainless steel button head screws. The purpose of this object is to carry the weight of the exercise machine as well as the weight of the user. The front foot was designed exclusively for the Concept2 Ergometer to maximize its stability.
The second part under consideration is identified as Part 2465 which is an assembly comprised of part 7165, a left and right foot caster assembly, and fasteners. The foot caster assemblies each include a foot caster housing made of 10% glass filled polypropylene, and a large hard rubber wheel, held together with a stainless-steel retaining clip and clevis pin. These foot caster assemblies are installed on the ends of part 7165 to form the completed part 2465, which will be imported in assembled condition. This unit is designed solely for use with Concept2 equipment. The asymmetric and oblique mounting hole pattern would preclude the attachment of this assembly to any other piece of equipment that it is not specifically designed to mate with.
You suggest classification of the subject stationary bicycle parts under subheading 9506.91.0030, Harmonized Tariff Schedule of the United States (HTSUS). However, we find that subheading 9506.91.0010, HTSUS applies as these items are parts which are suitable for use principally with the exercise cycles which are classifiable under subheading 9506.91, HTSUS.
The applicable subheading for part 7165, “Front Foot” and part 2465 “Front Foot with Castor Assembly” will be 9506.91.0010, HTSUS, which provides for articles and equipment for general physical exercise, gymnastics or athletics; parts and accessories thereof, exercise cycles. The general rate of duty will be 4.6%.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 9506.91.0010, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 9506.91.0010, 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 trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, 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 and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively.
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 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 Roseanne Murphy at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division
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