HQ 0085514 - Aluminum Baskets for Pigeons - United States International Trade Commision Rulings

United States International Trade Commision Rulings And Harmonized Tariff Schedule

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HQ 085514

October 3, 1989

CLA-2 CO:R:C:G 085514 JLJ 843879

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.99.0000

Mr. Jerry McIntosh
President
Boddy and Ridewood America
3544 East Southern # 104
Suite 345
Mesa, Arizona 85204

RE: Aluminum Baskets for Pigeons

Dear Mr. McIntosh:

You requested a tariff classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) for aluminum baskets used to carry pigeons. You submitted descriptive literature with pictures along with your request.

FACTS:

The merchandise at issue is aluminum baskets with thin wooden floors and dividers. They are used to transport pigeons. They are compartmentalized to keep the birds in separate compartments so that they do not fight.

The baskets are about 9 inches high and 12 inches deep. The width is about 4.5 inches per bird, so the three bird version is about 13.5 inches wide.

The handle on top of the basket is made of plastic with metal hardware.

ISSUE:

Are the aluminum pigeon carrying baskets classified in Heading 4202, HTSUSA, which covers trunks, suitcases...and similar containers?

LAW AND ANALYSIS:

Heading 4202 covers trunks, suitcases, vanity-cases, executive cases, briefcases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers made of any material. The instant pigeon carrying baskets have handles and are used for travelling with pigeons. We find that the instant baskets are similar to the exemplars listed in Heading 4202; therefore, they are classifiable in Heading 4202, HTSUSA.

HOLDING:

The instant aluminum pigeon baskets are classified under the provision for trunks, suitcases...and similar containers: other: other, in subheading 4202.99.0000, HTSUSA, dutiable at the rate of 20 percent ad valorem.

Sincerely,

John Durant, Director

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