CLA-2-94:S:N:N1:233 877654
Mr. Joseph L. Giumentaro
Ameri-Can Customshouse Brokers, Inc.
Peace Bridge Plaza
Buffalo, New York 14213-2488
RE: The tariff classification of newsvending racks and newspaper
carts from Canada.
Dear Mr. Giumentaro:
In your letter dated August 14, 1992, on behalf of GO
Plastic, Inc., Waterloo, Ont., Canada, you requested a tariff
classification ruling.
The furniture items consist of two products, newspaper
vending racks and newspaper carts. The first is a newspaper rack
called the "streetsmart", which also accommodates other types of
printed material. They are available in various styles with
options such as clear Lexan plastic window paper holders, screen
printed panels or decals, rack card holders, stack dividers, et
al. The dimensions are 43 inches high x 21" wide x 15-1/2" deep.
They are designed to stand on the ground and store newspapers.
The second is a hand cart designed for conveying/transporting
newspapers and other printed material. The cart features two-11
inch wheels, hinged lid, one 1/8 inch axle painted steel,
durability, and is available in the customer's choice of colors.
Both the rack and cart are one-piece molded polyethylene plastic
items. They are principally used outdoors and are built to
withstand the punishment of extensive usage as well as adverse
weather conditions.
The applicable subheading for the plastic "streetsmart"
newspaper vending racks will be 9403.70.8010, Harmonized Tariff
Schedule of the United States, HTSUS, which provides for
furniture of plastic, other, household. The rate of duty will be
2.4 percent ad valorem. The applicable subheading for the
plastic newspaper carts will be 8716.80.5090, HTSUS, which
provides for other vehicles, not mechanically propelled. The
rate of duty will be 3.2 per cent ad valorem.
Goods classifiable under subheadings 9403.70.8010 and
8716.80.5090, HTSUS, which have originated in the territory of
Canada, will be entitled to a 0.4 and a 1.9 percent ad valorem
rate of duty respectively under the United States-Canada Free
Trade Agreement (CFTA) upon compliance with all applicable
regulations.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport