In ruling NY N305275, Customs and Border Protection (CBP) determined the classification of the “Suncycle,” a pedal driven motorized personal transport vehicle equipped with a rear hitch that can tow items such as kayaks, small boats and the like. The single occupant vehicle is equipped with four wheels with either a 250 or 350 watt electric motor which is powered by solar energy. The vehicle is capable, using electric propulsion only, of travelling at a maximum of 16 mph. The Suncycle will be imported assembled.

CBP determined that the applicable subheading for the Suncycle with the 250 watt electric motor is 8711.60.0050, HTSUS, which provides for “Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side cars; side-cars: With electric motor for propulsion: Of an output not exceeding 250 W”. The rate of duty will be Free.

The applicable subheading for the Suncycle with the 350 watt electric motor is 8711.60.0090, HTSUS, which provides for “Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side cars; side-cars: With electric motor for propulsion: Other”. The rate of duty will be Free.

Products of China classified under subheading 8711.60.0050 and/or 8711.60.0090, HTSUS, unless specifically excluded, are subject to the List 2 25 percent ad valorem rate of duty. At the time of importation, 9903.88.02 must be reported, in addition to subheading 8711.60.0050 and/or 8711.60.0090, HTSUS.

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Photo of Frances P. Hadfield Frances P. Hadfield

Frances P. Hadfield is a counsel in Crowell & Moring’s International Trade Group in the firm’s New York office. Her practice focuses on forced labor and withhold release orders (WRO), import regulatory compliance, and customs litigation. She regularly advises corporations on matters involving…

Frances P. Hadfield is a counsel in Crowell & Moring’s International Trade Group in the firm’s New York office. Her practice focuses on forced labor and withhold release orders (WRO), import regulatory compliance, and customs litigation. She regularly advises corporations on matters involving customs compliance, audits, customs enforcement, as well as import penalties.

Frances represents clients before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit, as well as in proceedings at the administrative level. She advises corporations on both substantive federal and state regulatory issues that involve U.S. Customs and Border Protection, the Federal Trade Commission, Food and Drug Administration, and U.S. Fish & Wildlife in matters pertaining to product admissibility, audits, classification, import restrictions, investigations, marking, licenses, origin, penalties, and tariff preference programs.

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