HQ 954762: Bicycle frames and front forks; HQ 954600

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 954762

                        November 18, 1993

                                                               

CLA-2 CO:R:C:M  954762 LTO

CATEGORY:  Classification

TARIFF NO.:  8714.91.20; 8714.91.30; 8714.91.90

Mr. Roger L. Lee
World Class Cycles
11 Dewey Road
Commack, New York 11725

RE:   Bicycle frames and front forks; HQ 954600

Dear Mr. Lee:

     This is in response to your letter of August 5, 1993,
requesting the classification of bicycle frames and front forks
under the Harmonized Tariff Schedule of the United States (HTSUS). 

FACTS:

     The articles in question are racing bicycle frame sets,
consisting of a frame and matching fork.  You state that the frame
sets are the same except for the steel alloy used in their
construction.
     
ISSUE:

     Whether the bicycle frames and front forks must be classified
separately under subheadings 8714.91.20 or 8714.91.30, HTSUS, for
the frames, and subheading 8714.91.90, HTSUS, for the forks.

LAW AND ANALYSIS:

     The General Rules of Interpretation (GRI's) to the HTSUS
govern the classification of goods in the tariff schedule.  GRI 1
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 8714, HTSUS, provides for parts and accessories of the
vehicles of heading 8712, HTSUS (bicycles).  The frame and front
fork in question are used solely with the bicycles of heading 8712,
HTSUS, and therefore, satisfies the terms of heading 8714, HTSUS. 
                              - 2 -

The subheadings at issue are as follows:

                    Other:
     8714.91           Frames and forks, and parts thereof:
                          Frames:
     8714.91.20              Valued over $600 each
     8714.91.30              Other

*    *    *    *    *    *    *    *    *    *    *    *    *    

     8714.91.90           Other

     In HQ 954600, dated September 17, 1993, this office considered
the classification of a bicycle frame and fork (and two rear drop-
out bolts) packaged together in one box.  In that ruling, we held
as follows:    

     While the frames and forks in question are packaged 
     together, there is no subheading which covers a frame 
     and fork assembly.  Further, a frame and fork assembly 
     cannot be classified together by any other method (i.e.,    
     as a GRI 3(b) composite good, or a GRI 3(b) set, etc.).  
     Thus, it is necessary to classify the frames and forks 
     as if they were imported separately.  Bicycle frames 
     valued over $600 each, when imported separately, are
     classifiable under subheading 8714.91.20, HTSUS.  Other
     frames are classifiable under subheading 8714.91.30, 
     HTSUS.  Bicycle forks, when imported separately, are
     classifiable under subheading 8714.91.90, HTSUS. 

The bicycle frames and forks that you intend to import will be
classified accordingly.

HOLDING:

     The frames valued over $600 each are classifiable under
subheading 8714.91.20, HTSUS.  The frames which are not valued over
$600 each are classifiable under subheading 8714.91.30, HTSUS.  The
corresponding rate of duty for articles of these subheadings is
4.9% ad valorem.
     
     The front forks are classifiable under subheading 8714.91.90,
HTSUS, which provides for other bicycle parts.  The corresponding
rate of duty for articles of this subheading is 10% ad valorem. 

                              Sincerely,




                              John Durant, Director