CLA-2-84:OT:RR:NC:N1:104
Mr. George F. White Jr.
Great White Development
dba Lifts-and Stands.com
1370 Vonda Lane, S.W.
Mableton, GA 30126
RE: The tariff classification of Motorcycle Stands from the United Kingdom
Dear Mr. White:
In your letter dated September 8, 2015 you requested a tariff classification ruling.
The importation consists of various motorcycle lifts and a stand. There are five models being imported. They consist of 1) the Eazy Rizer Big Blue which goes by the name “Big Blue,” 2) the Original Red Eazy Rizer, 3) the Strongarm 4) the Tommy Jack and 5) the Bike Grab. All of the models work on various motorcycles in order to transport them in safety or to store and maintain the bikes. They are made of high strength British steel.
The Eazy Rizer Big Blue and the Original Red Eazy Rizer are both considered motorcycle lifts. They operate very similar to each other except that the Red Eazy Rizer has a lower weight capacity. The Eazy Rizer Big Blue and the Original Red Eazy Rizer are used in workshops or at home for servicing, cleaning, detailing and general maintenance. These two lifts have been tested to withstand 2,000 kg or 2 tons without failure. They contain mechanical components such as a traprezoidal screw shaft that is operated by using the 22mm nut at the end of the shaft. It has the ability to be stopped at any given height up to standard workbench height to give easy access to the wheels for any work that may need to be done. It can be locked in the raised position for security.
The Strongarm weighs 6kg and is constructed of heavy gauge 45mm diameter steel tubing with a PVC sleeve on the lifting rail. The lever slips under the frame of a motorcycle to lift either the front or the rear of the motorcycle and then, by applying a slight pressure down on the lever arm, the bike is lifted off the floor. Once the motorcycle has been lifted, the bike can be left on the Strongarm so as to provide easier access for working on the bike or for storing it in a confined space.
The Tommy Jack model is a small portable device that fits in a bag to carry around in order to lift the rear wheel of the motorcycle. It can be used when a dry chain needs to be lubricated or when access to the rear wheel is needed. The Tommy Jack’s lifting beam slips under the bike’s suspension arm. When the Tommy Jack’s pivot lever swings down towards the ground, the rear wheel becomes airborne. A safety-locking pin is inserted to complete the task. The rear wheel can now be spun around in order to lubricate the chain.
The Bike Grab is a wheel chock/bike stand which does not feature a lifting mechanism. The wheel chock/bike stand is universal and it can be used on the front or rear wheel. The Bike Grab has a vice like grip which can be used to hold the bike upright either in a garage or in a trailer by clamping onto the front or rear tire of the bike. This allows for easy access to work on, e.g., maintenance or cleaning, the bike and for maintaining an upright storage position.
As for the model “Bike Grab”, Legal Note 2 to Chapter 94 of the Harmonized Tariff Schedule of the United States (HTSUS) states articles referred to in the headings 9401 to 9403 (other than parts) are to be classified in those headings only if they are designed for placing on the floor or ground.
When interpreting and implementing the HTSUS, the Explanatory Notes (ENs) of the Harmonized Commodity Description and Coding System may be utilized. The ENs, while neither legally binding nor dispositive, provide a guiding commentary on the scope of each heading, and are generally indicative of the proper interpretation of the HTSUS. CBP believes the ENs should always be consulted. See T.D. 89-80, 54 Fed. Reg. 35127, 35128 (August 23, 1989).
The General ENs to Chapter 94 of the HTSUS, state, in relevant part, with regard to the meaning of furniture, at (A): For the purposes of this Chapter, the term “furniture” means: Any “movable” articles (not included under other more specific headings of the Nomenclature), which have the essential characteristic that they are constructed for placing on the floor or ground, and which are used, mainly with a utilitarian purpose, to equip private dwellings, hotels, theatres, cinemas, offices, churches, schools, cafés, restaurants, laboratories, hospitals, dentists, surgeries, etc., or ships, aircraft, railway coaches, motor vehicles, caravan-trailers or similar means of transport. (It should be noted that, for purposes of this Chapter, articles are considered to be “movable” furniture even if they are designed for bolting, etc., to the floor, e.g., chairs for use on ships). Similar articles (seats, chairs, etc.) for use in gardens, squares, promenades, etc., are included in this category.
A further reading of the ENs to the HTSUS, heading 9403, provide in pertinent part, that: This heading covers furniture and parts thereof, not covered by the previous headings (9401 to 9402). It includes furniture for general use (e.g., cupboards, show cases, tables, telephone stands, writing desks, escritoires, book cases, and other shelved furniture (including single shelves presented with supports for fixing them to the wall), etc.), and also furniture for special uses. We note the ENs for heading 9403, HTSUS, also list plant stands, hall stands, umbrella stands and music stands as exemplars of furniture. It is our opinion that the Bike Grab falls within the meaning of “specialized furniture” as defined by the General ENs to Chapter 94, HTSUS, as the merchandise concerned is floor or ground standing, even when placed on a moving conveyance, and serves utilitarian purposes such as the storage of the motorcycle, the working on the motorcycle and the safe transportation of the motorcycle. As there appears to be no other headings more specific than heading 9403, this office finds that the Bike Grab is classifiable in subheading 9403.20.0030, HTSUS, the provision for other metal furniture.
The applicable subheading for the Motorcycle Lift Stands, i.e., the Eazy Rizer Big Blue, the Original Red Eazy Rizer, the Strongarm and the Tommy Jack, will be 8428.90.0290, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other lifting, handling, loading or unloading machinery (for example elevators, escalators, conveyors, teleferics): Other machinery: Other”. The rate of duty will be free.
The applicable subheading for the bike stand known as Bike Grab will be 9403.20.0030, HTSUS which provides for “Other furniture and parts thereof: Other metal furniture: Other: 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 Patricia O’Donnell at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division