CLA-2-87:OT:RR:NC:N1:106

Robert Walter Sarre, Shipping Logistics Manager
Power Rite Products
625 Jersey Avenue
New Brunswick, NJ 08901-3606

RE: The tariff classification of tires and inner tubes from China

Dear Mr. Sarre,

In your letter dated May 29, 2012, you requested a tariff classification ruling.

The items being considered are Tube tires and Inner tubes which will be used on agricultural feed vehicles. You state in your request that the Tube tires are 6.5 inches in width, 16 inches in diameter and have an 8 inch rim diameter. The Inner tube will fit this style of Tube tire. The Tube tires have a 10 ply thickness with a KT-801 tread pattern.

In your ruling request, you referred to the vehicle as a “feed cart”. To be considered a “cart” a vehicle must be either pushed or pulled. The photograph and additional information which you provided to this office would make it a “self propelled vehicle.”

The applicable classification subheading for the Tube tires will be 4011.61.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “New pneumatic tires, of rubber: Other, having a “herring-bone” or similar thread: Of a kind used on agricultural or forestry vehicles and machines.” The rate of duty will be free.

The applicable classification subheading for the Inner tubes will be 4013.90.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Inner tubes, of rubber: Other: Designed for tires provide for in subheadings 4011.61.00, 4011.92.00, 4012.19.20, 4012.20.15 and 4012.20.45.” 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 Harmonized Tariff Schedule of the United States and the accompanying duty rates are provided on the World Wide Web at http://www.usitc.gov/tata/hts/.

The merchandise in question 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. 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://addcvd.cbp.gov/.

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 Matthew Sullivan at 646-733-3013.


Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division