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NY H83189





July 20, 2001

CLA-2-44:RR:NC:SP:230 H83189

CATEGORY: CLASSIFICATION

TARIFF NO.: 4412.29.3570

Mr. James F. Morgan
PBB USA, Inc.
883-D Airport Park Road
Glen Burnie, MD 21061

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

Dear Mr. Morgan:

In your letter dated June 28, 2001, you requested a tariff classification ruling on behalf of Mintec Corporation (Towson, MD).

A sample section of a 3-ply laminated wood flooring plank labeled “Bamtex E-34 Carbonated Finish” was submitted for our examination. The face consists of several strips of bamboo (about 4 mm thick) placed side by side across the width and coated with a clear finishing material. The core consists of numerous strips of 8-mm-thick coniferous lumber. The back is a 3-mm-thick sheet of coniferous veneer. The grain of the core runs at an angle to that of the face and back. You state that in its imported condition, the plank will typically measure 7½ inches wide by 7 feet long, and will be tongued and grooved along the edges and the ends.

We note your suggestion that this merchandise may be classifiable within heading 4409, HTSUS, which provides for certain continuously shaped wood. However, as we previously explained in New York Ruling C83800 (issued to you on February 13, 1998), heading 4409, HTSUS, encompasses only solid, one-piece products, or finger-jointed products composed of solid, one-piece sections. It does not include laminated wood products, which are provided for, eo nomine, in heading 4412, HTSUS.

Accordingly, the applicable subheading for the above-described flooring planks will be 4412.29.3570, Harmonized Tariff Schedule of the United States (HTSUS), 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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