E-Bicycles Should Be Excluded From China Tariffs, Importer Argues in CIT Complaint
Imported electronic bicycles were improperly classified by CBP and would have been excluded from Section 301 duties, Washington-based e-bike importer Arba International (doing business as Ariel Rider E-Bikes) said in its Oct. 13 complaint at the Court of International Trade (Arba International v. U.S., CIT # 23-00215).
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
Ariel said that its e-bikes met the Section 301 exclusion for "Motorcycles with electric power for propulsion, each of a power not exceeding 1,000 W" and so should have been classified under the secondary subheading 9903.88.67 and excluded from 25% additional duties as items of China.
The importer cited Note 20(ttt)(ii)(31) of Subchapter III, Chapter 99, which it said lays out the requirements for e-bike exclusion. The subject item must be classified under either 8711.60.0090 or 8711.60.0050; it must rely on electric power for propulsion; and its power output must not exceed 1,000 watts, the note says. The importer said its e-bikes met all three exclusions but that CBP still refused to add the secondary classification and exempt the e-bikes from the additional duties.
The e-bikes at issue are equipped with an integrated electric motor and battery system designed to provide electric power assistance for the e-bike’s propulsion and include “controllers” that limit power output to 1,000 W for propulsion, Ariel said. When Ariel entered the e-bikes in 2022, it used subheading 8711.60.0090 as “Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars: With electric motor for propulsion: Other.” When CBP denied the exclusion, Ariel filed a protest, which CBP then denied in September.