HQ 950965: Bicycle frame and fork; HQ 088228; HQ 089872.

us-cbp-cross-rulings-hq-950965HQ 950965: Bicycle frame and fork; HQ 088228; HQ 089872.Guidance

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 950965
                                
                        January 27, 1992

CLA-2 CO:R:C:M 950965 AJS

CATEGORY: Classifcation

TARIFF NO.: 8714.99.90

Ms. Georgena Terry
President
Terry Precision Bicycles
1704 Wayneport Road
Macedon, NY 14502

RE: Bicycle frame and fork; HQ 088228; HQ 089872.

Dear Ms. Terry:

     On May 8, 1991, Customs issued to you HQ 088228, which
classified the "Terry" brand bicycle frame and fork complete with
headset and bottom bracket (Terry) within subheading 8714.91.30,
Harmonized Tariff Schedule of the United States (HTSUS), which
provides for "other" bicycle frames.

     In HQ 089872 of this date (copy attached), Customs ruled
that a similar frame and fork set is classifiable within
subheading 8714.99.90, HTSUS, which provides for "other" parts
and accessories of bicycles.  The principles of this decision are
applicable to your merchandise.  Thus, classification of the
"Terry" frame and fork will be under subheading 8714.99.90,
HTSUS, with a duty at the rate of 10 percent ad valorem.

     This letter should be considered a modification of HQ 088228
under 19 CFR 177.9(d)(1).  It is not to be applied retroactively
to your merchandise (19 CFR 177.9(d)(2)), and will not,
therefore, affect past transactions for the importation of your
merchandise under that ruling.  However, for the purposes of
future transactions in merchandise of this type, that ruling will
no longer be valid precedent.  We recognize that pending
transactions may be adversely affected by this modification, in
that current contracts for importations arriving at a port
subsequent to this decision will be classified pursuant to this
modification.  If such a situation should arise, you may, at your



                               -2-

discretion, notify this office and apply for relief from the
binding effects of this ruling as may be warranted by the 
circumstances.


                                  Sincerely,


                                  John Durant, Director
                                  Commercial Rulings Division

Attachments

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