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NY F87812




June 26, 2000

CLA-2-44:RR:NC:SP:230 F87812

CATEGORY: CLASSIFICATION

TARIFF NO.: 4407.10.0042

Mr. Tom Spooner
Logs End Inc.
B7 – 2212 Gladwin Crescent
Ottawa, Ontario K1B 5N1
CANADA

RE: The tariff classification of lumber, made from underwater timber, from Canada.

Dear Mr. Spooner:

In your letter dated May 31, 2000, you requested a tariff classification ruling.

The ruling was requested on rough-cut lumber made from underwater old-growth timber retrieved from rivers and lakes in Canada. The lumber will be manufactured and dried in Canada. Specifically, you state that the timber (harvested as early as 1806) will be manufactured into the following dimensional reclaimed lumber products:

> 6 mm rough lumber, conifer (softwood), reclaimed old-growth, 4/4 Eastern White/ Red Pine of random widths and random lengths.

The applicable subheading for the above-described lumber will be 4407.10.0042, Harmonized Tariff Schedule of the United States (HTS), which provides for wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or finger-jointed, of a thickness exceeding 6 mm: coniferousother: Eastern white pine (Pinus Strobus) and red pine (Pinus resinosa): rough. The rate of duty will be free.

Articles classifiable in subheading 4407.10.0042, HTS, which are products of Canada are subject to entry requirements based on the U.S./Canadian Softwood Lumber Agreement of 1996. All invoices of such articles must be annotated with the Canadian province of manufacture. If manufactured in Ontario, Quebec, British Columbia or Alberta, a permit is required. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in connection with the ruling request and incorporated therein, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the Customs Service.

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
Director,

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