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NY L86039




July 11, 2005

CLA-2-87:RR:NC:N1:121 L86039

CATEGORY: CLASSIFICATION

TARIFF NO.: 8716.80.5090; 3926.90.9880; 3923.50.0000

Ms. Wendy L. Burns
Northern Customs Services
P.O. Box 331
Lewiston, NY 14092

RE: The tariff classification of portable carts, plastic bins and bin accessories

Dear Ms. Burns:

In your letter dated June 24, 2005, you requested a tariff classification ruling on behalf of Instore Products, Ltd.

The sample you submitted is the Bins on Wheels Grab & Go Kit. All components of the kit are made of high-density polyethylene. The kit contains one cart with an attached clip, three bins, three bin lids, two clips, one tray and one set of rails. Your letter indicates that this kit provides an easy method of transporting various goods for the consumer public. It can be used by the consumer while grocery shopping and eliminates the use of grocery bags. The bins and their components are designed to fit into a grocery cart and fit comfortably in the trunk or hatch of a car.

You also indicate that grocery shopping is just one use for the kit. The marketing brochure advertises that the product can go “from marina to boat, from tool shed to garden.” Your literature shows the bin used as a toolbox. The kit includes one compartmentalized tray with built-in handle that nests in the bin and can be used to organize tools, craft accessories or other articles. The kit includes a set of bin rails that form a support for legal size file folders so that the bin can be used for storage of documents and other files.

The cart is made in China. It has a telescopic handle that extends to 40 inches when in use and collapses to 19 inches for easy storage. It has two 3”X5” wheels and a platform that is designed to hold up to three fully loaded bins. The platform is designed to accept the ridges on the base of the bins, thus giving the bins stability and ease of alignment when attached to the cart.

The bins and bin lids are made in Canada. The bins measure 22”X13.5”X9.5” and have an eight gallon capacity. The lids measure 21.6”X14.2”X3.5” and snap onto the bins to protect the contents and make the bins stackable.

The clips are made in China. They are designed to fit onto the bins and function to secure the bins to the cart. They measure 11.4”X6.75”X3.25”.

The bin tray is made in China. It is stackable and designed to fit into the bins. It measures 19.75”X13.24”X3”. Your letter indicates that it can hold crafts or tools or be used for compartmentalizing and organizing any sort of good.

The bin rails are made in China. They fit along the width of the inside of the bins and enable the user to file and store documents.

Although these items are designed to be used in conjunction with one another and are packaged and sold together, they do not qualify as a set for tariff purposes. As per Explanatory Note (X)(b) to General Rules of Interpretation (GRI) 3(b), the term “goods put up in sets for retail sale” means goods which “consist of products or articles put up together to meet a particular need or carry out a specific activity.” The various components included in the Bins on Wheels Grab and Go Kit are designed to fulfill various activities, such as shopping, filing and storage of documents, organizing tools and other items, etc. As such, all components in the kit must be classified separately.

The applicable subheading for the bin 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, other, other, other. The rate of duty will be 3.2 percent ad valorem.

The applicable subheading for the bins, the bin clips, the bin rails and the bin trays will be 3926.90.9880, HTS, which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the bin lids will be 3923.50.0000, HTS, which provides for stoppers, lids, caps and other closures, of plastics. The rate of duty will be 5.3 percent ad valorem.

The bin cart may be subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection.

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 Barbara Kaiser at 646-733-3024.

Sincerely,

Robert B. Swierupski
Director,

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