CLA-2-90:OT:RR:NC:N4:405
Gene Carleton
Imports Database Coordinator
Performance Bicycle
144 Old Lystra Road
Chapel Hill, NC 27517-6330
RE: The tariff classification of bicycle tool from Taiwan.
Dear Mr. Carleton:
In your letter dated January 8, 2013, you requested a tariff classification ruling. No samples were provided.
The import will be the Spin Doctor Chain Wear Indicator Tool, part number 40-3545.
Per your letter, “The tool is designed to be used to measure the approximate wear (stretch) of a bicycle chain in order to determine whether or not the chain needs to be replaced. The tool has two measurement dimensions, .75% wear and 1.0% wear. The term ‘wear’ refers to the change in chain length compared to its original, unused length.”
From a review of the internet, similar hand tools are used in determining if chains in chain drive motors, etc. have stretched to the extent that the item will no longer work reliably since the sprockets will fail to engage properly.
A typical use of your item would be by a knowledgeable bicycle repair mechanic in determining if the chains in the bicycles he is examining in the shop should be replaced since they no longer “conform to an imperfection-free standard” as discussed regarding “Checking” in United States v. Corning Glass Works, decided by the US Court of Customs and Patent Appeals on November 16, 1978.
“Checking Standards” are example 14 in Harmonized System Explanatory Note I-A to 9031.
The applicable subheading for the Spin Doctor Chain Wear Indicator Tool will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other" Measuring or checking instruments, appliances and machines, not specified or included elsewhere in HTSUS Chapter 90. The rate of duty will be 1.7%.
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 J. Sheridan at (646) 733-3012.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division