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NY B88616




September 5, 1997

CLA-2-44:RR:NC:SP:230 B88616

CATEGORY: CLASSIFICATION

TARIFF NO.: 4411.29.2000

Mr. Jack Stribling
HDM U.S.A.
4200 Northside Parkway, Bldg. 4, Suite 100 Atlanta, Georgia 30327

RE: The tariff classification of fiberboard paneling from Germany.

Dear Mr. Stribling:

In your letter dated August 6, 1997, you requested a tariff classification ruling.

A sample identified as "fiberboard wall/ceiling material" was submitted and will be retained for reference. It is a short section of a wood fiberboard plank measuring about 1/2" thick and 6 1/2" wide. Both of its edges are rounded and grooved, and its face is covered (laminated) with printed wood-grain pattern paper. The density of the fiberboard is stated to be 718 kg/m3.

In a telephone interview, Mr. Richard Chunta of your office explained that the sample represents the finished product in the condition in which it will be imported. The planks will arrive, pre-packaged, in two lengths(31 1/2 inches and 8 feet) and will be grooved on the ends as well as the edges. Mr. Chunta also acknowledged that the material used to make this merchandise is known as "medium density fiberboard."

The applicable subheading for the above-described wall/ceiling planks will be 4411.29.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for fiberboard of a density exceeding 0.5 g/cm3 but not exceeding 0.8 g/cm3: other: tongued, grooved or rabbetted continuously along any of its edges and dedicated for use in the construction of walls, ceilings or other parts of buildings: laminated boards bonded in whole or in part, or impregnated, with synthetic resins. The rate of duty will be 2.3 cents per kilogram + 1.8% ad valorem.

There are currently no quotas, restrictions or special requirements applicable to the importation of this merchandise.

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 Paul Garretto, at (212) 466-5779.

Sincerely,

Gwenn Klein Kirschner

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