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NY H82822




July 18, 2001

CLA-2-44:RR:NC:SP:230 H82822

CATEGORY: CLASSIFICATION

TARIFF NO.: 4412.29.3570

Mr. Dennis Awana
Inter-Orient Services
1455 Monterey Pass Road (Suite #205)
Monterey Park, CA 91754

RE: The tariff classification of laminated wood flooring planks from Taiwan or China.

Dear Mr. Awana:

In your letter dated June 13, 2001, you requested a tariff classification ruling on behalf of Mest American Ltd. (San Gabriel, CA).

A sample section of a 3-ply laminated wood flooring plank was submitted for our examination. The face consists of three strips of wood veneer (4 mm thick, of maple, oak or beech) placed side by side across the width. The core consists of numerous strips of 10-mm-thick pine lumber. The back is a 1-mm-thick sheet of pine veneer. The grain of the core runs at an angle to that of the face and back. The plank is tongued and grooved along the edges and ends, and the face is coated with a clear finishing material. The dimensions of the plank, as imported, will be 15 mm thick by 180 mm wide by 2200 mm long.

The applicable subheading for the above-described flooring will be 4412.29.3570, Harmonized Tariff Schedule of the United States (HTS), which provides for other (than certain enumerated) plywood, with at least one outer ply of nonconiferous wood, surface covered with a clear or transparent material which does not obscure the grain, texture or markings of the face ply. The rate of duty will be 8%.

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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