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NY I81894




June 11, 2002

CLA-2-44:RR:NC:2:230 I81894

CATEGORY: CLASSIFICATION

TARIFF NO.: 4409.20.0500

Mr. Sheik Osmani
South Western Tropical Lumber Inc.
7005 D’Outremount #5
Montreal, Quebec H3N 2L3
Canada

RE: The tariff classification of purpleheart and ipe wood tongued and grooved on the edges and ends from Guyana

Dear Mr. Osmani:

In your letter dated April 30, 2002 you requested a tariff classification ruling.

The ruling was requested on purpleheart and ipe lumber for flooring. The wood will be imported in dimensions of ¾ to 1 inch thick by 3 to 6 inches wide by 3 to 8 feet long. The edges and the ends will be tongued and grooved and the surfaces will be planed. The wood will be imported into the United States directly from Guyana.

The applicable subheading for the purpleheart and ipe wood tongued and grooved on the edges and ends will be 4409.20.0500, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for nonconiferous wood continuously shaped along any of its ends, whether or not also continuously shaped along any of its edges or faces. The duty rate will be 3.2 percent ad valorem.

Articles classifiable under subheading 4409.20.0500, HTSUSA, which are products of Guyana may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB", click on “Files”, click on “Search” and then enter a key word search for the term "T-GSP".

Importation of these products may be subject to import regulations administered by the U.S. Department of Agriculture (U.S.D.A.). Information regarding applicable regulations administered by the U.S.D.A. may be addressed to that agency at the following location:

U.S. Department of Agriculture
A.P.H.I.S., PPQ
4700 River Road, Unit 136
Riverdale, MD 20737

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

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