The tariff classification of a Multi-cart from China

N032640 July 17, 2008 CLA-2-87:OT:RR:NC:N1:101 CATEGORY: Classification TARIFF NO.: 8716.80.5090 Marcy H. Sklar Galaxy Freight Service, LTD. Custom House Brokers, Inc. 153-02 Baisley Blvd. Jamaica, NY 11434-2871 RE: The tariff classification of a Multi-cart from China Dear Ms. Sklar, In your letter dated June 18, 2008, you requested a tariff classification ruling on behalf of your client Dana B Goods of Ventura, California. The item under consideration is a multi-function wheeled cart which you have identified as the “Rock N Roller Multi-Cart”. The Rock N Roller Multi-Cart is a multi-configuration cart most often used in a similar fashion to a Pullman cart or portable luggage cart. The cart is constructed of tubular steel with two (2) rear wheels on a fixed axle and two (2) wheeled casters on the front. You state in your Ruling Request that there are five different models of varying size and capacity; the sample provided with your Ruling Request is a model R2 “Micro”. The frame expands from 26 to 39 inches in length, it has a 25 inch folding front and 18 inch folding rear, 6 inch rear wheels, 4 inch front casters and has a volume of 24 cu. ft. with a 350 lb. load capacity. The applicable classification subheading for the Rock N Roller Multi-Cart (Model R2 “Micro”) 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%. In addition to classification, you requested a ruling on Country of Origin Marking. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. You state in your Ruling Request that “Country of origin is also on the box graphics on two surfaces”. Per 19 CFR, Part 134.22(a), “ … the outermost container or holder in which the article ordinarily reaches the ultimate purchaser shall be marked to indicate the country of origin of the article … ”. In this case, if the Rock N Roller Multi-Cart (Model R2 “Micro”) is sold in a sealed box, as provided with your sample, the “Made in China” marking on the box, itself, will be sufficient. With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable. The proposed marking of “Made in China” on the adhesive sticker, as described in your Ruling Request and exemplified on your supplied sample, while conspicuous and legible, is not sufficiently permanently affixed to the satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is not an acceptable country of origin marking for the imported Rock N Roller Multi-Cart (Model R2 “Micro”) if it is sold to the ultimate purchaser without the box. 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/. Industrial hand trucks and other portable carts imported from China may be subject to antidumping duties or countervailing duties. 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. The Import Administration can be contacted at http:// www. trade.gov/ia (click on “Contact Us”). You can also view a list of current AD/CVD cases on the United States International Trade Commission website at http://www. usitc.gov (click on “Antidumping and countervailing duty investigations”). AD/CVD deposit and liquidation messages can be searched for using the AD/CVD Search tool at http://www.cbp.gov (click on “Import” and “ADD/CVD Search”). This ruling is being issued under the provisions of Parts 177 and 134 of the Customs Regulations (19 C.F.R. 177, 19 C.F.R. 134). 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, National Commodity Specialist Division