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May 28, 1999

CLA-2-44:RR:NC:2:230 E82091

CATEGORY: CLASSIFICATION

TARIFF NO.: 4412.14.0540

Mr. David R. Perreault
Great Lakes Customs Brokerage, Inc.
85 River Rock Drive, Suite 202
Buffalo, NY 14207

RE: The tariff classification of birch plywood from Russia

Dear Mr. Perreault:

In your letter dated May 5, 1999, on behalf of NEFAB - Midwest, you requested a tariff classification ruling.

The ruling was requested on birch plywood manufactured in Russia. No sample was received. However, detailed product information from NEFAB - Midwest was submitted.

The plywood will be imported in two thicknesses, 6 mm and 8 mm. The 6 mm plywood will consist of 5 plies and the 8 mm plywood will consist of 7 plies. Each ply is a birch veneer under 6 mm in thickness. The outer plies are not sanded or finished with any material. The plywood will be imported in sheet sizes of 1525 mm x 1525 mm (5'x5') and 2135 mm x 1525 mm (7'x5').

The applicable subheading for the birch plywood will be 4412.14.0540, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for plywood consisting solely of sheets of wood, each ply not exceeding 6 mm in thickness; other, with at least one outer ply of nonconiferous wood; not surface covered; with a face ply of birch (Betula spp). The rate of duty will be Free.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304 or 19 C.F.R. 134), requires that unless excepted, every article of foreign origin (or its container) must be legibly, permanently and conspicuously marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. Accordingly, each plywood sheet should be marked “Made in Russia”.

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 212-637-7009.

Sincerely,

Robert B. Swierupski

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