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NY I85339




September 13, 2002

CLA-2-44:RR:NC:SP:230 I85339

CATEGORY: CLASSIFICATION

TARIFF NO.: 4421.90.9740

Mr. Roger Wilson
Hughes Brothers
PO Box 159
Seward, NE 68434

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

Dear Mr. Wilson:

In your undated letter received here on August 14, 2002, you requested a tariff classification ruling.

A sample identified as a “2045 Reversible Wood Crossarm Brace,” intended for use as a support piece on a 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”) along its 29½” length. The board is “surfaced four sides,” has eased edges, and has one corner cut off at one end. The purpose of the corner cut is said to be for ease of assembly to the crossarm. In addition, there are two holes (about 3/8” diameter) drilled through the board near each end. (At the square-cut end, one hole runs across the width about ¾” from the end, while the other runs across the thickness about 1¾” from the end. At the corner-cut end, one hole runs across the width about 1¾” from the end, while the other runs across the thickness about 2¾” from the end.) These holes will accommodate bolts that will be used to fasten metal mounting hardware to the brace following importation.

The applicable subheading for the crossarm brace imported with pre-drilled bolt holes will be 4421.90.9740, Harmonized Tariff Schedule of the United States (HTS), which provides for other 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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