HQ 085514: Aluminum Baskets for Pigeons

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                       HQ 085514

                                    October 3, 1989


            CLA-2 CO:R:C:G 085514 JLJ 843879

            CATEGORY: Classification

            TARIFF NO.: 4202.99.0000

            Mr. Jerry McIntosh
            President
            Boddy and Ridewood America
            3544 East Southern # 104
            Suite 345
            Mesa, Arizona  85204

            RE: Aluminum Baskets for Pigeons

            Dear Mr. McIntosh:

                 You requested a tariff classification ruling under the
            Harmonized Tariff Schedule of the United States Annotated
            (HTSUSA) for aluminum baskets used to carry pigeons.  You
            submitted descriptive literature with pictures along with your
            request.

            FACTS:

                 The merchandise at issue is aluminum baskets with thin
            wooden floors and dividers.  They are used to transport
            pigeons.  They are compartmentalized to keep the birds in
            separate compartments so that they do not fight.

                 The baskets are about 9 inches high and 12 inches deep.
            The width is about 4.5 inches per bird, so the three bird
            version is about 13.5 inches wide.

                 The handle on top of the basket is made of plastic with
            metal hardware.

            ISSUE:

                 Are the aluminum pigeon carrying baskets classified in
            Heading 4202, HTSUSA, which covers trunks, suitcases...and
            similar containers?

















                                         - 2 -

            LAW AND ANALYSIS:

                 Heading 4202 covers trunks, suitcases, vanity-cases,
            executive cases, briefcases, school satchels, spectacle cases,
            binocular cases, camera cases, musical instrument cases, gun
            cases, holsters and similar containers made of any material.
            The instant pigeon carrying baskets have handles and are used
            for travelling with pigeons.  We find that the instant baskets
            are similar to the exemplars listed in Heading 4202; therefore,
            they are classifiable in Heading 4202, HTSUSA.

            HOLDING:

                 The instant aluminum pigeon baskets are classified under
            the provision for trunks, suitcases...and similar containers:
            other: other, in subheading 4202.99.0000, HTSUSA, dutiable at
            the rate of 20 percent ad valorem.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division































            jones library 085514JLJ
            6 cc: Area Dir., N.Y. Seaport (NIS-341)
            1 cc: D.D., Houston
            1 cc: D.D. Los Angeles
            1 cc: Port Dir., Phoenix, Arizona
            JLJohnson:peh:9/29/89