CLA-2-87:OT:RR:NC:N1:101

Christopher L. Dalipe
Dynacraft BSC, Inc.
89 South Kelly Road
American Canyon, CA 94503

RE: The tariff classification of an electric dirt bike from China. Correction to Ruling Number N243336

Dear Mr. Dalipe:

This replaces Ruling Number N243336, dated July 5, 2013, which contained a typographical error. The ruling number assigned was not for the item under consideration. A complete corrected ruling follows.

In your letter dated June 20, 2013 you requested a tariff classification ruling.

The item under consideration has been identified as an electric dirt bike, model 8801-71, “Avigo Extreme Off-Road Electric Scooter.”

The Aviago is powered by a 36 volt 350 watt electric motor and has a maximum speed of between 18-22 miles per hour, depending on weight of rider. In your ruling request you did not provide a maximum rider weight.

The applicable subheading for the Avigo Extreme Off-Road Electric Scooter will be 8711.90.0000, 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: Other. The rate of duty will be Free.

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 http://www.usitc.gov/tata/hts/.

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 (646) 733-3013.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division