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NY N023668




February 27, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8716.80.5090

Vicki Roye, Manager
Kuehne + Nagel, Memphis Branch
4985 Outland Center Drive
Memphis, TN 38118-6517

RE: The tariff classification of carts from China

Dear Ms. Roye,

In your letter received on February 22, 2008, you requested a tariff classification ruling on behalf of your client, Earle Industries of Earle, Arkansas.

The items under consideration are three (3), fabric-covered, wheeled, metal shopping carts.

Item # MZ-715 is constructed of metal tubes covered in 600D Polyester with two 6 inch EVA-wheels and an ABS handle. The cart measures approximately 3 feet x 1 ¼ feet x 1 foot.

Item # MZ-105A is constructed of metal tubes covered in Gingham fabric with two 6-inch EVA wheels and a polypropylene handle. The cart measures approximately 3 feet x 1 foot x 1 foot.

Item # MZ-Y1 is constructed of metal tubes covered in 600D Polyester with a choice of 2 or 6 EVA foam wheels and an EVA foam handle. The cart measures approximately 1½ feet x 2 feet x 3 feet.

The applicable classification subheading for the Shopping Carts (Items MZ-715, MZ-105A and MZ-Y1 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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