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NY I82891




July 8, 2002

CLA-2-44:RR:NC:2:230 I82891

CATEGORY: CLASSIFICATION

TARIFF NO.: 4418.90.4590

Mr. Mike Daly
Livingston International Trade Services, Inc. 100 Walnut Street
Champlain, NY 12919

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of “Turb-O-Web” truss components from Canada; Article 509

Dear Mr. Daly:

In your letter dated May 30, 2002, on behalf of Cedrico Lumber Inc. of Quebec, you requested a ruling on the tariff classification and the status of “Turb-O-Web” truss components from Canada under the NAFTA. You also inquired whether antidumping duties and/or countervailing duties are applicable for the components.

Samples and descriptive literature of the product to be classified were submitted. The “Turb-O-Web” truss components are the wooden supporting boards or webs that connect the upper and lower members or chords of a roof truss. They have fully rounded or radiused ends designed to fit between the chords without the need for angle cuts. The “Turb-O-Webs” manufactured by Cedrico Lumber are stud grade 2x4 planed SPF wood in lengths of 18” to 10’. The samples submitted are 24” long and have two rounded ends with a radius of 1-1/4”. All of the material and labor used to manufacture the products are of Canadian origin.

Similar “Turb-O-Web” truss components were previously ruled on in ruling NY E87773 dated December 21, 2000 and found to be classified as other builders’ joinery and carpentry of wood in subheading 4418.90.4090, Harmonized Tariff Schedule of the United States Annotated (HTSUSA). In 2002, a new subheading, 4409.10.0500, HTSUSA, providing for wood continuously shaped along any of its ends, whether or not also continuously shaped along any of its edges or faces, was added to the Harmonized Tariff Schedule. Consideration was given as to whether or not the new tariff provision was applicable for the “Turb-O-Webs.” However, we find that the rounding of the ends in a semicircular radius on the “Turb-O-Webs” is not continuously shaped along the ends within the meaning of subheading 4409.10.0500. Therefore, subheading 4409.10.0500 does not apply.

The applicable tariff provision for the “Turb-O-Web” truss components will be 4418.90.4590, HTSUSA, which provides for other builders’ joinery and carpentry of wood. The general rate of duty will be 3.2 percent ad valorem.

The “Turb-O-Web” truss components, being wholly obtained or produced entirely in the territory of Canada, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

The “Turb-O-Web” truss components 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 and origin 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 181.100(a)(2). 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 181.93. 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 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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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