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NY H81423




June 19, 2001

CLA-2-44:RR:NC:2:230 H81423

CATEGORY: CLASSIFICATION

TARIFF NO.: 4401.30.4090

Mr. Wayne A. Assaf
American Eucalyptus Corporation
1591 “C” Savannah Highway
Charleston, SC 29407

RE: The tariff classification of eucalyptus fire logs and fire starters from Brazil

Dear Mr. Assaf:

In your letter dated May 29, 2001 you requested a tariff classification ruling.

The ruling was requested on eucalyptus fire logs and fire starters. Sample sections of each were submitted. Both products are stated to be composed of 100 percent eucalyptus hardwood. Additionally, it is stated that they do not contain any petroleum oils or paraffin wax. The products are manufactured by molding eucalyptus chips into two different shapes and sizes under high temperatures in a heat extrusion process. The eucalyptus chips have been processed through two chipping cycles and machine dried. The fire logs are rectangular in shape and have a hole in the center which runs down the length of the log. They measure approximately 2-1/2”x 3-1/2”x 12.” The fire starters are triangular in shape and have grooves running down the length on each surface. They measure approximately ¾” x ¾” and vary in length from 2” to 8”. The fire logs are individually wrapped in retail packages. The fire starters are packed by the pound in a plastic bag for retail sale.

The applicable subheading for the eucalyptus fire logs and fire starters as described above will be 4401.30.4090, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sawdust and wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms; other; other. The rate of duty will be free.

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
Director,

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