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NY H82503




July 11, 2001

CLA-2-44:RR:NC:2:230 H82503

CATEGORY: CLASSIFICATION

TARIFF NO.: 4410.11.0000

Mr. Stephen L. Fodor
Kuehne & Nagel, Inc.
235 Southfield Parkway
Forest Park, GA 30297

RE: The tariff classification of oriented strand board (Eurostrand OSB) from Germany

Dear Mr. Fodor:

In your letter dated June 6, 2001, on behalf of your client, New South International, you requested a tariff classification ruling.

The ruling was requested on an oriented strand board referred to as “Eurostrand OSB.” A small sample section and a brochure were submitted.

The product is a building panel composed of thin strands or wafers of mostly pine wood. The strands may measure approximately 150 mm long, 15 mm wide and 0.4 mm thick, although many strands are smaller, as noted in the sample. The strands are aligned in three layers with the general grain of the surface layers running at a right angle to the general grain of the core layer. The strands are bound with synthetic resin and pressed together to form a panel.

The Eurostrand OSB panels have light evenly colored surfaces. They can be manufactured in a thickness ranging from 6 mm to 40 mm, in any width up to 2.8 meters and in any length up to 11.5 meters. The surfaces may be sanded or unsanded. The edges may be straight or tongued and grooved.

The applicable subheading for the Eurostrand OSB panels as described above will be 4410.11.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for particle board and similar board of wood or other ligneous materials, whether or not agglomerated with resins or other organic binding substances; of wood; waferboard, including oriented strand board. 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

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