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NY G86204





January 23, 2001

CLA-2-44:RR:NC:2:230 G86204

CATEGORY: CLASSIFICATION

TARIFF NO.: 4412.14.3060

Mr. William M. Stringfield
William M. Stringfield Customs Brokers
249 E. Ocean Blvd., Suite 1008
Long Beach, CA 90802

RE: The tariff classification of rubberwood plywood from Malaysia

Dear Mr. Stringfield:

In your letter dated January 5, 2001, on behalf of the importer, American Pacific Plywood Inc., you requested a tariff classification ruling.

The ruling was requested on rubberwood plywood. A small sample of the plywood was submitted. The sample is approximately 5 mm thick and consists of three plies of wood. The grain of each ply runs at an angle to the grain of the next ply. Both outer plies are of rubberwood (Hevea brasiliensis), a nonconiferous species, not specified in the Harmonized Tariff Schedule. The plywood is not covered or finished with any material.

The applicable subheading for the rubberwood plywood, as represented by the sample, will be 4412.14.3060, 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; other. The rate of duty will be 8 percent ad valorem.

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 the ruling letter, 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

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