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NY R02906

December 6, 2005

CLA-2-87:RR:NC:N1:121 R02906


TARIFF NO.: 8716.80.5010

Mr. Marvin Dobert
Apex Manufacturing
4 Condor Dr.
P.O. Box 5061
Eagle, CO 81631

RE: The tariff classification of an industrial hand truck from China

Dear Mr. Dobert:

In your letter, dated November 29, 2005, you requested a tariff classification ruling.

The merchandise is an industrial hand truck. It has the following features: a 54 inch steel and aluminum stacker frame; a dual handle frame with hand grips; quick release mechanical conversion to platform position; 12 inch pneumatic tires; and 5 inch heavy duty swivel casters.

The applicable subheading for the industrial hand truck will be 8716.80.5010, Harmonized Tariff Schedule of the United States (HTSUSA), which provides for trailers and semi-trailers; other vehicles, not mechanically propelled; and parts thereof, other vehicles, other, industrial hand trucks. 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 HTSUSA and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Industrial hand trucks from China 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.


Robert B. Swierupski

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