CLA-2-87:OT:RR:NC:N2:201
Ryan Greene
Clean Energies
10750 Westbrae Parkway ,603 Houston, TX 77031
RE: The tariff classification of an electric-powered rickshaw pedicab from China
Dear Mr. Greene:
In your letter dated July 24, 2023, you requested a tariff classification ruling.
The item under consideration has been identified as an electric-powered rickshaw pedicab, Model ES-T01 OLD, that can be used with or without the electric motor. You state that the primary function for this bike is to take people on tours or short distances. It is equipped with a 500w motor and will be imported with a battery. The pedicab is equipped with front, rear, side, and brake lights, and a horn. You state that the pedicab has a maximum speed of 25-32 kph. (15-19 mph.).
The applicable subheading for the rickshaw pedicab, Model ES-T01 OLD, will be 8711.60.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Motorcycles (including mopeds) and cycles fitted with an auxiliary motor…: With electric motor for propulsion: Other”. The rate of duty will be Free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8711.60.0090, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.02, in addition to subheading 8711.60.0090, 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, including information on exclusions and their effective dates, 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 at https://hts.usitc.gov/current.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Matthew Sullivan at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division