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NY 877654


SEPTEMBER 01, 1992

CLA-2-94:S:N:N1:233 877654

CATEGORY: CLASSIFICATION

TARIFF NO.: 9403.70.8010 8716.80.5090

Mr. Joseph L. Giumentaro
Ameri-Can Customshouse Brokers, Inc.
Peace Bridge Plaza
Buffalo, New York 14213-2488

RE: The tariff classification of newsvending racks and newspaper carts from Canada.

Dear Mr. Giumentaro:

In your letter dated August 14, 1992, on behalf of GO Plastic, Inc., Waterloo, Ont., Canada, you requested a tariff classification ruling.

The furniture items consist of two products, newspaper vending racks and newspaper carts. The first is a newspaper rack called the "streetsmart", which also accommodates other types of printed material. They are available in various styles with options such as clear Lexan plastic window paper holders, screen printed panels or decals, rack card holders, stack dividers, et al. The dimensions are 43 inches high x 21" wide x 15-1/2" deep. They are designed to stand on the ground and store newspapers.

The second is a hand cart designed for conveying/transporting newspapers and other printed material. The cart features two-11 inch wheels, hinged lid, one 1/8 inch axle painted steel, durability, and is available in the customer's choice of colors. Both the rack and cart are one-piece molded polyethylene plastic items. They are principally used outdoors and are built to withstand the punishment of extensive usage as well as adverse weather conditions.

The applicable subheading for the plastic "streetsmart" newspaper vending racks will be 9403.70.8010, Harmonized Tariff Schedule of the United States, HTSUS, which provides for furniture of plastic, other, household. The rate of duty will be 2.4 percent ad valorem. The applicable subheading for the plastic newspaper carts will be 8716.80.5090, HTSUS, which provides for other vehicles, not mechanically propelled. The rate of duty will be 3.2 per cent ad valorem.

Goods classifiable under subheadings 9403.70.8010 and 8716.80.5090, HTSUS, which have originated in the territory of Canada, will be entitled to a 0.4 and a 1.9 percent ad valorem rate of duty respectively under the United States-Canada Free Trade Agreement (CFTA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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