HQ 089872

January 27, 1992

CLA-2 CO:R:C:M 089872 AJS

CATEGORY: Classification

TARIFF NO.: 8714.99.90; 8714.94.15; 9902.87.14.

Ms. Tonya R. Markum

Unit International Inc.

900 University Blvd N.

Suite 500

Jacksonville, FL 32211

RE: Bicycle assemblies and components; frame set with front fork;

crank bearing; axle set; quick release bolt; front wheel

assembly; rear wheel assembly with multi-freewheel sprocket; hub;

spokes; tire; inner tube; seat post; saddle; handlebar with

grips; brake levers with cables; cantilever brakes; click shifter

assembly with cables; handlebar stem; Subheading 8714.91;

Subheading 8714.96; Subheading 8714.95.00; HQ 088228.

Dear Ms. Markum:

Your letter of March 25, 1991, requesting the tariff

classification of various bicycle assemblies and components, has

been forwarded to this office for reply.

FACTS:

The merchandise at issue consists of various assemblies of

bicycle components and individual components.

Item 1 consists of a frame set with front fork, crank

bearing and axle set, and quick release bolt. These components

are assembled and packed together.

Item 2 consists of a front wheel assembly, rear wheel

assembly with a multi-freewheel sprocket, and quick release bolt.

The rear and front wheel assemblies are separate and each include

a hub, spokes, tire and inner tube. The rear wheel assembly also

includes the multi-freewheel sprocket. The quick release bolt is

not attached to either assembly.

-2-

Item 3 consists of a seat post and saddle which are

assembled and packed together.

Item 4 consists of a handlebar with grips, brake levers with

cables, cantilever brakes, click shifter assembly with cables,

and a handlebar stem. These articles are assembled together

except for the cantilever brakes.

ISSUE:

Whether the subject bicycle assemblies and components are

properly classifiable within subheading 8714.99.90, Harmonized

Tariff Schedule of the United States (HTSUS), which provides for

\"\[p\]arts and accessories of vehicles of headings 8711 to 8713:

\[o\]ther: \[o\]ther: \[o\]ther.\", by the application of General Rule

of Interpretation (GRI) 1; or classifiable as a GRI 3 composite

good.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is governed by

the GRIs. GRI 1 states in part \"for legal purposes, classifi-

cation shall be determined according to the terms of the headings

and any relative section or chapter notes . . . and according to

the following \[i.e., the other GRIs\] . . .\"

Heading 8714, HTSUS, provides for parts and accessories of

the vehicles of heading 8712, HTSUS (i.e., bicycles). The

subject assemblies satisfy the terms of this heading. They are

components used solely or principally with the bicycles of

heading 8712, HTSUS. Accordingly, the subject assemblies are

classifiable within heading 8714, HTSUS.

Subheading 8714.91, HTSUS, provides for frames and forks and

parts thereof. Item 1 consists of a frame and fork which satisfy

this description. However, this item also consists of a crank

bearing described within subheading 8714.96, HTSUS, and a axle

set and quick release bolt described within subheading 8714.99,

HTSUS. Accordingly, this item as a whole does not satisfy the

terms of subheading 8714.91, HTSUS. It is not merely a frame and

fork assembly. For the same reason this item also cannot be

classified within subheading 8714.96, HTSUS, as a crank gear.

Subheading 8714.99, HTSUS, provides for \"other\" parts and

accessories of bicycles. Item 1 satisfies this description. It

is an assembly of bicycle parts which as a whole is not

specifically provided for within any other subheading of heading

8714, HTSUS. Therefore, item 1 is classifiable within subheading

-3-

8714.99, HTSUS. More specifically, item 1 is described within

subheading 8714.99.90, HTSUS, which provides for \"other\" parts

and accessories of bicycles.

Item 2 consists of a front wheel assembly which includes a

wheel rim, spokes, hub, tire and inner tube. This assembly also

satisfies the terms of subheading 8714.99, HTSUS. It is an

assembly of bicycle parts which is itself not specifically

described within any other subheading of heading 8714, HTSUS.

More specifically, this assembly is described within subheading

8714.99.90, HTSUS, which provides for \"other\" parts and

accessories of bicycles.

Item 2 also includes a rear wheel assembly. This assembly

consists of all of the components of the front wheel assembly as

well as a multi-freewheel sprocket. It also satisfies the

description of subheading 8714.99, HTSUS, and is provided for

within subheading 8714.99.90, HTSUS.

Item 2 additionally includes a quick release bolt which is

not attached to either of the other assemblies. It is also

provided for within subheading 8714.99.90, HTSUS.

Item 3 consists of a seat post and saddle assembly.

Subheading 8714.95.00, HTSUS, provides for saddles. The subject

saddles satisfy this description. However, this assembly

consists of a seat post which is not described within this

subheading. The subject assembly is not merely a saddle. It is

an assembly of bicycle parts which is itself not described within

any subheading of heading 8714, HTSUS. Accordingly, it is also

classifiable within subheading 8714.99.90, HTSUS.

Item 4 consists of a handlebar with grips, brake levers with

cables, click shifter assembly with cables and a handlebar stem

all assembled together. Subheading 8714.94, HTSUS, provides for

brakes and parts thereof. The subject brake levers satisfy this

description. However, the assembly itself consists of components

which do not satisfy the terms of this subheading. Accordingly,

the subject assembly cannot be classifiable within subheading

8714.94, HTSUS. Instead, it is described within subheading

8714.99.90, HTSUS, and classifiable therein.

Item 4 also consists of cantilever brakes which are not

attached to the assembly. Subheading 8714.94.15, HTSUS, provides

for cantilever bicycle brakes. The subject cantilever brakes

satisfy this description. Accordingly, they are classifiable

within subheading 8714.94.15, HTSUS.

Footnote 1/ to subheading 8714.94.15, HTSUS, states \"\[d\]uty

on certain parts of bicycles temporarily suspended. See

subheading 9902.87.14.\" This subheading provides for duty-free

-4-

treatment of the cantilever brakes provided for within heading

8714, HTSUS. The subject cantilever brakes satisfy this

description. Therefore, they are also classifiable within

subheading 9902.87.14, HTSUS.

GRI 3 governs the classification of composite goods.

Classification of the subject items as composite gooods has been

suggested. However, since the subject items are all classifiable

according to the terms of heading 8714 HTSUS, resort to GRI 3 is

not required in this case.

HOLDING:

Items 1, 2, and 3 are classifiable within subheading

8714.99.90, HTSUS, which provides for \"other\" parts and

accessories of bicycles, dutiable at the General Column 1 rate of

10 percent ad valorem.

The assembled components of item 4 are also classifiable

within subheading 8714.99.90, HTSUS. The separate cantilever

brakes are classifiable within subheading 8714.94.15, HTSUS,

which provides for cantilever bicycle brakes. These brakes are

also classifiable within subheading 9902.87.14, HTSUS, which

provides for a temporary duty suspension on cantilever bicycle

brakes.

EFFECT ON OTHER RULINGS:

HQ 088228 (5/08/91) held that a bicycle frame and fork

complete with a headset and bottom bracket were classifiable

within subheading 8714.91.30, HTSUS, based on a GRI 3 composite

good analysis. That holding is contrary to the result reached in

this ruling. Accordingly, HQ 088228 will be modified pursuant to

19 CFR 177.9.

Sincerely,

John Durant, Director

Commercial Rulings Division