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NY H82576




July 18, 2001

CLA-2-44:RR:NC:SP:230 H82576

CATEGORY: CLASSIFICATION

TARIFF NO.: 4412.29.5500

Mr. Seymour Ellis
Ellis International, Inc.
25200 Chagrin Blvd., Suite 102
Beachwood, OH 44122

RE: The tariff classification of laminated bamboo flooring planks from China.

Dear Mr. Ellis:

In your letter dated June 18, 2001, you requested a tariff classification ruling. Four samples identified as “BamStar” bamboo flooring were submitted for our examination. All are said to represent products that will be imported in 3-foot and 6-foot lengths.

The sample labeled “natural horizontal” is a section of a flooring plank measuring approximately 12 mm thick by 9 cm wide. It consists of two layers of bamboo, each about 6 mm thick, that have been laminated together. Each layer is made up of edge-glued strips of bamboo. The grain of all the strips in the plank runs in the same direction. The plank is tongued and grooved along the edges and the ends, and in addition the bottom surface has two broad, parallel grooves running lengthwise. The product is also coated with a clear finishing material.

The sample labeled “carbonated horizontal” is a section of a bamboo flooring plank measuring approximately 15 mm thick by 9 cm wide. It has the same type of construction as the “natural horizontal” sample described above, except that it has three unidirectional plies instead of two. Also, it has a darker (brownish) color.

The sample labeled “natural vertical” is a section of a flooring plank composed of about 20 narrow strips of bamboo (each about 4 to 5 mm thick by 15 mm wide) which have been laminated together on their wide surfaces so as to create a board measuring approximately 15 mm thick by 9 cm wide. The grain of all the strips runs in the same direction. The plank is tongued and grooved along the edges and the ends, and in addition the bottom surface has three broad, parallel grooves running lengthwise. The product is also coated with a clear finishing material. The sample labeled “carbonated vertical” is essentially the same as the “natural vertical” product, except that the plank is slightly thinner (12 mm) and has two grooves rather than three along its bottom surface. Also, it has a darker (brownish) color.

The applicable subheading for all of the above-described versions of the “BamStar” bamboo flooring will be 4412.29.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for other (than certain enumerated) veneered panels and similar laminated wood, with at least one outer ply of nonconiferous wood. 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. (It does not apply, for example, to any variations of the product in which the grain is not unidirectional.) 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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