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NY H87471




January 30, 2002

CLA-2-44:RR:NC:SP:230 H87471

CATEGORY: CLASSIFICATION

TARIFF NO.: 4409.10.9040; 4421.90.9740; 4407.10.0001; 4418.90.4590; 4409.10.4000

Mr. Douglas P. Beebe
Affiliated Customs Brokers, USA, Inc.
193 West Service Road
Champlain, N.Y. 12919

RE: The tariff classification of wood moldings and wooden components for doors and doorways, from Canada.

Dear Mr. Beebe:

In your letter dated January 14, 2002, you requested a tariff classification ruling on behalf of Precision Molding Products (St. Apollinaire, Quebec, Canada). Samples and diagrams representing five groups of wood products, all said to be made from eastern white pine lumber, were submitted for our review.

The products of group 1 are identified as wooden stiles and rails used in the manufacture of “steel doors” (i.e., doors having steel facings but non-metal structural and core materials). The rails are solid, finger-jointed pieces of wood that have been continuously shaped to a uniform cross-section profile throughout their length. The ends are unworked. The stiles are solid, finger-jointed profile shapes with a dado cut on one surface at each end.

The applicable subheading for the wooden rails for “steel doors” will be 4409.10.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for wood continuously shaped along any of its edges, ends or faces, whether or not planed, sanded or “end-jointed”: coniferousother. The rate of duty will be free.

{Due to a typographical error, the published tariff uses the term “edge-jointed” in heading 4409 and certain subheadings to 4409, HTSUS. Presidential Proclamation 7515 of December 15, 2001 (Federal Register Vol. 66, No. 247, December 26, 2001) Annex I, item 177 and 178(a) provides the correct language, i.e., “end-jointed”. The International Trade Commission is in the process of correcting this typographical error.} The applicable subheading for the wooden stiles for “steel doors” 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 products of group 2 are identified as wooden stiles and rails used in the manufacture of “flush doors.” Both the stiles and the rails are solid, finger-jointed boards having a uniform rectangular cross section throughout their length. The ends are not worked.

The applicable subheading for the wooden stiles and rails for “flush doors” will be 4407.10.0001, 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: finger-jointed. The rate of duty will be free.

The products of group 3 are identified as “rabbeted door frames (jambs and heads).” It appears from your description that these are not components of the doors themselves, but comprise the frame around a doorway in a wall. The jambs are the vertical left and right side pieces of the frame. They are solid, finger-jointed profile shapes with a dado cut on one surface at each end. The head, which forms the top of the frame, is a solid, finger-jointed profile shape, not dadoed or end worked. Although you have advised that these items will usually be shipped in “sets,” it appears that the sets will not include sill jambs, which form the bottom of the frame.

The applicable subheading for the “rabbeted door frame jambs” will be 4418.90.4590, HTS, which provides for other (than certain enumerated) builders’ joinery and carpentry of wood. The general rate of duty will be 3.2%.

The applicable subheading for the “rabbeted door frame heads” will be 4409.10.4000, HTS, which provides for wood continuously shaped along any of its edges, ends or faces: coniferous standard wood moldings: pine. The rate of duty will be free.

The products of group 4 are identified as “flat jambs.” No sample was available for our review, but your description indicates that they are dadoed profiles very similar to the “rabbeted door frame jambs” of group 3. The are used around doorway openings in interior walls.

The applicable subheading for the “flat jambs” will be 4418.90.4590, HTS, which provides for other (then certain enumerated) builders’ joinery and carpentry of wood. The general rate of duty will be 3.2%.

The products of group 5 are identified as “WM Series Wood Moulding Patterns,” i.e., wood moldings conforming to the guidelines of the Wood Molding & Millwork Producers Association of Woodland, California. These include casings, bases, crowns, beds, coves, quarter rounds, chair rails, stops, astragals, stools, etc., having a variety of applications. On the basis of the submitted diagrams and samples, it is assumed that all are solid, finger-jointed pieces of wood, worked to a pattern and having the same profile in cross section throughout their length. The applicable subheading for the “WM Series Wood Moulding Patterns” will be 4409.10.4000, HTS, which provides for wood continuously shaped along any of its edges, ends or faces: coniferous standard wood moldings: pine. The rate of duty will be free.

The merchandise discussed in this ruling 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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