HQ 952299: Racing Bicycle; Mountain Bicycle; HQ 950319; HQ 951864; 8712.00.25

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

     


 

                            HQ 952299

                        December 1, 1992
                                                               


CLA-2 CO:R:C:M  952299 LTO

CATEGORY:  Classification

TARIFF NO.:  8712.00.35

Ms. Cynthia L. Ornelas
Martin Brokerage Company
140 N. Cotton
El Paso, Texas 79901-1755

RE:  Racing Bicycle; Mountain Bicycle; HQ 950319; HQ 951864;
     8712.00.25

Dear Ms. Ornelas:

     This is in response to your letter of July 16, 1992,
requesting the classification of a 10-Speed Racing Bike and a
Mountain Bike under the Harmonized Tariff Schedule of the United
States (HTSUS).

FACTS:

     The articles in question are two types of bicycles.   The
first is the 10-speed Racing Bike.  This bicycle's tire
measurements are 27" x 1.25".  The second is the Mountain Bike. 
This bicycle's tire measurements are 26" x 1.95".  Both bicycles
weigh less than 16.3 kg complete without accessories.

ISSUE:

     Whether the Racing Bike and the Mountain Bike are
classifiable as bicycles having both wheels exceeding 63.5 cm in
diameter, weighing less than 16.3 kg complete without accessories
and not designed for use with tires having a cross-sectional
diameter exceeding 4.13 cm under subheading 8712.00.25, HTSUS.

LAW AND ANALYSIS:

     The General Rules of Interpretation (GRI's) to the HTSUS
govern the classification of goods in the tariff schedule.  GRI 1











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states in pertinent part that "for legal purposes, classification
shall be determined according to the terms of the headings and
any relative section or chapter notes . . . ."

     Heading 8712, HTSUS, provides for "[b]icycles and other
cycles . . ., not motorized."  The following subheadings are at
issue in the present case:
 
   Bicycles having both wheels exceeding 63.5 cm in diameter:

     8712.00.25     If weighing less than 16.3 kg complete
                    without accessories and not designed 
                    for use with tires having a cross-
                    sectional diameter exceeding 4.13 cm
                    
*    *    *    *    *    *    *    *    *    *    *    *    *
     
     8712.00.35     Other

     In HQ 087735, dated August 27, 1990, this office stated that
for a bicycle to be classified under subheading 8712.00.25 (then,
subheading 8712.00.20), HTSUS, the importer must demonstrate that
there are important design features in the bicycle that preclude
the use of tires exceeding 4.13 cm.  Furthermore, we stated that
it is not enough to prove that a bicycle was designed with
smaller tires in mind.  The use of tires exceeding 4.13 cm must
be inconsistent with the safe and proper operation of the
bicycle.

     The Mountain Bike is imported with a tire measuring 26" x
1.95".  This bicycle is obviously designed for use with tires
having a cross-sectional diameter exceeding 4.13 cm.  Therefore,
it is classifiable under subheading 8712.00.35, HTSUS.

     As for the Racing Bike, because a sample was not provided,
the bicycle must be measured upon importation to determine
whether it falls under subheading 8712.00.25, HTSUS, or
subheading 8712.00.35, HTSUS.  The guidelines for making this
determination were set forth in HQ 950319, dated December 11,
1991, and HQ 951864, dated October 23, 1992.

     In HQ 950319, this office set forth the procedure for
determining whether a bicycle exhibits important design features
that preclude the safe and proper use of tires having a cross-
sectional diameter exceeding 4.13 cm.  In HQ 951864, this
procedure was amended and now stands as follows:

     1.   Does a clearance of greater than 1.6 mm exist between
          the bicycle tire and fork or any frame member when 
          the wheel assembly is rotated to any position?  For











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          example, is the width of the front fork (measured 
          horizontally where the widest part of a tire would be
          located) greater than 4.45 cm (this represents 4.13 cm
          plus 1.6 mm on each side of the tire)?

     If the answer is "no", then the bicycle is classifiable
within subheading 8712.00.25, HTSUS.

     If the answer is "yes", then the following question should
be addressed:

     2.   Would any substantial work involving welding or other
          frame adjustment be necessary to accommodate a tire
          with a width of greater than 4.13 cm (such work could
          involve moving studs for caliper brakes, etc.)?

     If the answer is "yes", then the bicycle is classifiable
within subheading 8712.00.25, HTSUS.  Mere certification by the
importer or manufacturer is not sufficient for this above
determination.  Independent engineering or laboratory reports
should be consulted.

     If the answer is "no", then the bicycle is classifiable
within subheading 8712.00.35, HTSUS, based on the fact that the
use of tires exceeding 4.13 cm would not be inconsistent with the
safe and proper operation of the bicycle.

HOLDING:

     The Mountain Bike is classifiable under subheading
8712.00.35, HTSUS, which provides for "[b]icycles and other
cycles . . ., not motorized . . . [b]icycles having both wheels
exceeding 63.5 cm in diameter . . . [o]ther."  The corresponding
rate of duty for articles of this subheading is 11% ad valorem. 

     Classification of the Racing Bike will be in accordance with
the revised guidelines set forth in HQ 951864, dated October 23,
1992.

                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division