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NY N019321





November 21, 2007

CLA-2-87:OT:RR:E:NC:N1:101

CATEGORY: CLASSIFICATION

TARIFF NO.: 8716.80.5090

Angie Dusten, Consultant
Expeditors Tradewin, LLC
11101 Metro Airport Center Drive
Building M2, Suite 110
Romulus, MI 48174-1694

RE: The tariff classification of a cart from China

Dear Ms. Dusten,

In your letter dated November 1, 2007, you requested a tariff classification ruling on behalf of Rite Aid Corporation of Camp Hill, Pennsylvania.

The item concerned is a Backroom Restocking Cart (Item # 30232). It is a steel, rectangular, four-wheeled cart that measures approximately 6 or 7 feet high by 5 feet wide. The Cart has 5 platform shelves and four steel posts, one at each corner.

The applicable classification subheading for the Backroom Restocking Cart (Item # 30232) will be 8716.80.5090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “ other vehicles, not mechanically propelled; : Other vehicles: Other: Other: Other”. The rate of duty will be 3.2%.

Duty rates are provided for your convenience and are subject to change. The text of the most recent Harmonized Tariff Schedule of the United States and the accompanying duty rates are provided on the World Wide Web at http://ww.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 Richard Laman at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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