The tariff classification of wheeled carts from China

N097036 April 5, 2010 CLA-2-87:OT:RR:NC:N1:101 CATEGORY: Classification TARIFF NO.: 8716.80.5090; 4202.92.3031 Troy D. Crago-Edwards, Import Specialist ATICO International USA, Inc. 501 South Andrews Ave. Fort Lauderdale, FL 33301-2831 RE: The tariff classification of wheeled carts from China Dear Mr. Crago-Edwards, In your letter dated March 5, 2010, you requested a tariff classification ruling. The items under consideration have been identified as two styles of wheeled carts. The first cart, Item # A044CA00506, is a Wheeled Shopping Cart with a large bag that is constructed of an outer surface of 600D polyester textile material. The Cart measures approximately 22.5” (H) x 12” (W) x 11” (D). The bag features one unlined interior compartment and is equipped with a zippered rear pocket. The frame is constructed of a silver metal with a black handle and rubber wheels. The applicable classification subheading for the Wheeled Shopping Cart with large bag, Item # A044CA00506, 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 percent ad valorem. The second cart, item # A044CA00505, is a Wheeled Shopping Cart with a backpack-sized bag that is constructed of an outer surface of 600D polyester textile material. The bag features one unlined interior compartment with no additional features and a drawstring closure. The front exterior of the bag has a flap pocket with a hook-and-loop closure. On the back exterior of the frame is a retractable, telescopic handle. The Cart measures approximately 13.5” (W) x 21” (H) x 8.5” (D). The applicable subheading for the Wheeled Shopping Cart with backpack-sized bag, Item A044CA00505, will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports, and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The rate of duty will be 17.6 percent ad valorem. 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 Wheeled Shopping Cart with large bag, contact National Import Specialist Richard Laman at 646-733-3017. If you have any questions regarding the Wheeled Shopping Cart with backpack-sized bag, contact National Import Specialist Vikki Lazaro at 646-733-3041. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division