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NY G86614

February 1, 2001

CLA-2-87:RR:NC:MM:101 G86614


TARIFF NO.: 8716.39.0090

Ms. Musica Wong
Executive Manager
Jumbo Essence Investment Ltd.
Workshop No. 1, Canny Ind. Bldg.
33 Tai Yau Street
San Po Kong, Kowloon, Hong Kong

RE: The tariff classification of a 20’ and 40’ Container Chassis from China

Dear Ms. Wong:

In your letter dated January 19, 2001 you requested a tariff classification ruling.

You submitted two drawings of a 20’ and a 40’ Container Chassis. They are trailers of the kind to be pulled by Road Tractors of heading HTS 8701.

The applicable subheading for the 20’ and a 40’ Container Chassis will be 8716.39.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for Trailers and semi-trailers; other vehicles not mechanically propelled; and parts thereof: Other trailers and semi-trailers for the transport of goods: OtherOther: Other: Other. The rate of duty will be Free.

This duty rate of Free is the General Duty rate for HTS 8716.39.0090. There is no Generalized System of Preferences (GSP) for this Harmonized Tariff Number.

You inquired about any extra fees besides duty:

Even though the duty rate is Free, 19 CFR 24.23 (b) provides that merchandise that is formally entered or released is subject to an ad valorem Merchandise Processing Fee (MPF) of 0.21 percent. The fee shall be due and payable to Customs by the importer of record of the merchandise at the time of presentation of the entry summary and shall be based on the value of the merchandise as determined under 19 U.S.C. 1401a. Subject to the provisions of paragraphs (b)(1)(ii) and (d) of this section relating to the surcharge and to aggregation of the ad valorem fee respectively, the ad valorem fee charged under paragraph (b)(1)(i)(A) of this section shall not exceed $485 and shall not be less than $25.

Also, under 19 USC 24.24 Harbor Maintenance Fee (HMF) - Commercial cargo loaded on or unloaded from a commercial vessel is subject to a port use fee of 0.125 percent (.00125) of its value if the loading or unloading occurs at a port within the definition of this section, unless exempt under paragraph (c) of this section or one of the special rules in paragraph (d) of this section is applicable.

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 212-637-7035.


Robert B. Swierupski

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