The tariff classification of dollies and carts from China

N072945 September 16, 2009 CLA-2-87:OT:RR:E:NC:N1:101 CATEGORY: Classification TARIFF NO.: 8716.80.5090 Judy A. Morrel, Vice-President CSI International Chicago, Inc. 351 W. Touhy Ave. Des Plaines, IL 60018-2401 RE: The tariff classification of dollies and carts from China Dear Ms. Morrel, In your letter dated August 21, 2009, you requested a tariff classification ruling on behalf of your client, Simon, Evers & Co. of Hamburg, Germany. The items under consideration are various models of dollies and carts used for the transport of goods. The first item is identified as the Fold-Away Truck (Item # 70-176). This is an L-shaped, aluminum, foldable, platform truck with a 300 lb. capacity. It is equipped with four (4) non-mar, blue rubber wheels; 2 swivel and 2 rigid. You state in your request that the Truck has dual platform sizes of either 20 or 28 inch and a vertical handle measuring 38 inches. The Truck folds to a size of 9 ½ x 16 x 20 inches. The second item is identified as the Tray-Shelf Utility Cart (Item # 5243700). This is a 20-gauge, powder-coated, steel cart with two (2) container shelves that can be placed either up or down and, when up, have a three-inch deep storage area. The Cart is 34 ½ inches high, has a 220 lb. load capacity and is fitted with four (4) rubber wheels; 2 swivel and 2 swivel with integrated brakes. The third item is identified as four (4) models of Solid Platform Dollies (Items # 71-480, 71-483, 71-484 and 71-487). The Dollies are all constructed of
-inch thick hardwood with countersunk bolts and varnished decks. They all have a 660 lb.-capacity and roll on four (4) swivel, rubber casters and vary in size from 24 x 16" to 36 x 24". The fourth item has been identified as two (2) Economical Steel Carts (Item #’s 52-436 and 52-437). Both are described as 20-gauge, powder-coated, steel carts with two (2) container shelves that can be placed either up or down and, when up, have a three-inch deep storage area with a total 220 lb. load capacity. Item # 52-436 is 32 ½ inches high with four (4) five-inch casters of which 2 swivel and 2 are rigid. Item # 52-437 is 34 ½ inches high with dual chrome handles and posts and four (4) four-inch swivel casters. The final item is identified as two (2) styles of Flush Platform Dollies (Items # 71-760 and 71-761). They are constructed of rectangular,
-inch thick hardwood with countersunk bolts and varnished decks. Both have a 660 lb. load capacity and four (4) swivel rubber casters. Item # 71-760 measures 24 x 16" and Item # 71-761 measures 30 x 18". The applicable classification subheading for the Fold-Away Truck (Item # 70-176), Tray-Shelf Utility Cart (Item # 5243700), Solid Platform Dollies (Items # 71-480, 71-483, 71-484 and 71-487), Economical Steel Carts (Items # 52-436 and 52-437) and Flush Platform Dollies (Items # 71-760 and 71-761) 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%. You have asked whether this product is subject to either antidumping or countervailing duties (AD/CVD). 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. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”) and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://www.cbp.gov (click on “Import” and “AD/CVD”). 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 National Commodity Specialist Division