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NY M85688




August 22, 2006

CLA-2-87:RR:NC:N1:121 M85688

CATEGORY: CLASSIFICATION

TARIFF NO.: 8716.80.5020

Mr. Eugene R. Smoak
Powell & Powell Supply Co., Inc.
1730 Five Points Lane
Fuquay Varina, NC 27526

RE: The tariff classification of a cart and bag from China

Dear Mr. Smoak:

In your letter dated August 10, 2006, you requested a tariff classification ruling.

The sample submitted is comprised of a wheeled cart and a carryall type of tote bag, which will be imported together.

The cart is made of a metal tubular frame with a plastic carry handle and two plastic wheels. It measures approximately 3 feet tall by 14 inches wide by 12 inches deep. It folds in half vertically and at its base. Three straps on the back of the bag fit over the frame to hold it securely positioned on the cart. Both the bag and cart are color coordinated. The bag is approximately 12 inches wide by 23 inches high by 8 inches deep at the base, tapering to 5 inches at the top. It has an outer surface of woven nylon fabric and is entirely lined with metalized plastic sheeting bonded to a 1/8-inch layer of plastic foam. It has a plastic insert to add stiffness to the bottom. The bag opens and closes with a three-sided flap that fastens with a zipper on the top front, extending down approximately 10 inches from the top. The words “Thermo Bag” are written diagonally across the front.

The applicable subheading for the bag and cart imported together will be 8716.80.5020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for trailers and semi-trailers; other vehicles, not mechanically propelled; and parts thereof, other vehicles, other, other, portable luggage carts. The rate of duty will be 3.2 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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