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NY R01139




December 15, 2004

CLA-2-87:RR:NC:MM:101 R01139

CATEGORY: CLASSIFICATION

TARIFF NO.: 8716.80.5090

Ms. Susan C. Andriuzzo – Import Manager Ken Hamanaka Co. Inc.
5777 W. Century Blvd. Suite 760
Los Angeles, California 90045

RE: The tariff classification of a Wheeled Cart from China

Dear Ms. Andriuzzo:

In your letter dated December 2, 2004 you requested a tariff classification ruling on behalf of your client National Cart Co., Inc.

You submitted pictures of a 4-wheeled cart that will be used for the transport of boxed and toted merchandise. You state that products are hand loaded on this item and then delivered. The products are then hand unloaded and stocked. From the pictures submitted it appears that there are four moveable “solid” wheels attached to a metal frame . Attached to the metal frame is a metal “cage-like” structure that can expand to accommodate the merchandise. A netting-type material can be attached to this cage structure to prevent boxes and merchandise from spilling out. The cages, it appears, can collapse to permit these carts to be stacked into one another when not in use.

The applicable subheading for the Wheeled Cart will be 8716.80.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for Trailers and semi-trailers; other vehicles, not mechanically propelled; and parts thereof: Other vehicles: OtherOther: Other. The rate of duty will be 3.2% ad valorem.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Robert DeSoucey at 646-733-3008.

Sincerely,

Robert B. Swierupski
Director,

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