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NY N024458




March 12, 2008

CLA-2-86:OT:RR:E:NC:1:128

CATEGORY: CLASSIFICATION

TARIFF NO.: 8609.00.0000

Ms. Karen Aulbach
BMW of North America, LLC
300 Chestnut Ridge Road
Woodcliff Lake, NJ 07677

RE: The tariff classification of steel collapsible cages from Germany.

Dear Ms. Aulbach:

In your letter dated March 10, 1008, you requested a tariff classification ruling.

The merchandise under consideration consists of steel, collapsible “G6” and “G7” cages used for packaging within 20’ or 40’ ISO containers. The cages are made of 10 and 12 gauge steel, with collapsible sides for more efficient storage when not in use. The G6 cage has a 1,460 liter capacity and the G7 cage has a 2,850 liter capacity. The cages have forklift pockets for handling and are intended to be used for transporting various automotive and motorcycle parts, packaged or unpackaged, from your parent company in Germany to the five BMW NA parts distribution facilities located in the United States and Canada as detailed in your request. The G6 and G7 cages will also be used by specific U.S. and Mexican suppliers who regularly ship parts to your parent company in Germany. You have submitted detailed information about the cages, including pictures, their material composition, dimensions and weight.

The applicable subheading for the steel, collapsible “G6” and “G7” cages will be 8609.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Containers (including containers for the transport of fluids) specially designed and equipped for carriage by one or more modes of transport.” The rate of duty will be Free.

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 Sharon Chung at 646-733-3028.

Sincerely,

Robert B. Swierupski
Director,

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