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NY H87136




February 11, 2002

CLA-2-44:RR:NC:SP:230 H87136

CATEGORY: CLASSIFICATION

TARIFF NO.: 4407.10.0057; 4407.10.0065; 4421.90.9740

Ms. Betty Barney
Norman G. Jensen, Inc.
P.O. Box 3789
Blaine, WA 98231-3789

RE: The tariff classification of wooden crossarm braces from Canada.

Dear Ms. Barney:

In your letter dated January 8, 2002, you requested a tariff classification ruling on behalf of your client, Naimark Lumber, Ltd. (Half Moon Bay, BC, Canada).

A sample identified as a “reversible crossarm brace,” intended for use as a support piece on a telephone or utility pole, was submitted for our examination. It is a solid wood board having a uniform rectangular cross section (1-5/8” x 2-1/4”) throughout its 29-1/2” length. (The imported product will range from 25 to 48 inches in length, depending on the particular application. The wood will be either Douglas fir or hemlock.) The board is “surfaced four sides,” has eased edges, and has one corner cut off at one end. The corner cut is intended to facilitate the use of a tool to secure the brace to the crossarm on the pole.

After importation, the brace will be prepared for installation by having metal mounting hardware bolted to each end. Two 7/16” bolt holes are required near each end of the brace for that purpose. The braces may be imported with or without the required bolt holes.

The applicable subheading for the Douglas fir braces, if imported without holes, will be 4407.10.0057, Harmonized Tariff Schedule of the United States (HTS), which provides for wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm: coniferous: Douglas-fir: other than rough. The rate of duty will be free.

The applicable subheading for the hemlock braces, if imported without holes, will be 4407.10.0065, HTS, which provides for wood sawn or chipped lengthwiseconiferous: hemlock: other than rough. The rate of duty will be free. The applicable subheading for the Douglas fir or hemlock braces, if imported pre-drilled for the bolts, will be 4421.90.9740, HTS, which provides for other (non-enumerated) articles of wood. The general rate of duty will be 3.3%.

The merchandise in question may be subject to antidumping duties and/or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W., Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification rulings issued by Customs.

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 646-733-3035.

Sincerely,

Robert B. Swierupski
Director,

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