CLA-2-85:RR:NC:MM:101 G87495

Haeuszer-Arendt
P.O. Box 470194
Celebration, Florida 34747

RE: The tariff classification of an “Xtreme Lights” for a bicycle from New Zealand

Dear Messrs. Haeuszer and Arendt:

In your letter dated February 20, 2001 you requested a tariff classification ruling.

You submitted a sample of the “Xtreme Lights” for bicycles. You state that the “Xtreme Lights” are a lighting mechanism that is used for additional safety when riding a bicycle at night. There are three lights that sprawl out and are clamped to the end of the wheel spokes. They are connected to the battery pack, which is attached to the hub in the center of the wheel. The battery pack has an on/off switch and requires two AA batteries.

You state that you believe that the correct HTS classification is 8512.10.0020 which provides for Lighting equipment of a kind used on bicycles. We disagree with your proposed classification.

The applicable subheading for the “Xtreme Lights” for a bicycle will be 8512.10.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Electrical lighting or signaling equipment (excluding articles of heading 8539), windshield wipers, defrosters and demisters, of a kind used for cycles or motor vehicles; parts thereof: Lighting or visual signaling equipment of a kind used on bicycles: Visual signaling equipment. The rate of duty will be 2.7% ad valorem.

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 Robert DeSoucey at 212-637-7035.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division