CLA-2-94:OT:RR:E:NC:N4:433

Mr. Troy Crago
Atico International USA, Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of a steel shopping basket rack from China. Correction to Ruling Number N053821.

Dear Mr. Crago:

This replaces Ruling Number N053821 dated March 25, 2009, which contained a clerical error. Although the classification description was correct, the HTS subheading was erroneously entered as 9403.20.0011. A complete corrected ruling follows.

In your letter dated March 6, 2009, you requested a tariff classification ruling.

At issue is a steel shopping basket rack, item number A071AA00013. The steel wire rack measures 17 inches wide by 11 inches deep and 40.75 inches high. Included with the rack will be a plastic logo board insert at the top. This item is designed to hold twelve plastic shopping baskets, which will not be included when imported, and used for in-store storage of the baskets.

The applicable subheading for the steel shopping basket rack will be 9403.20.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other furniture and parts thereof: Other metal furniture, Other: counters, lockers, racks, display cases, shelves, partitions and similar fixtures.” The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.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 Neil H. Levy at (646) 733-3036.


Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division