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NY I86366




October 10, 2002

CLA-2-44:RR:NC:2:230 I86366

CATEGORY: CLASSIFICATION

TARIFF NO.: 4412.29.5600; 4412.14.3170

Mr. Thomas J. O’Donnell
Rodriguez O’Donnell Ross Fuerst
Gonzalez & Williams, P.C.
20 North Wacker Dr, Suite 1416
Chicago, IL 60606

RE: The tariff classification of bamboo wood flooring from China

Dear Mr. O’Donnell:

In your letter dated September 10, 2002, on behalf of Wood Floor Imports, you requested a tariff classification ruling.

The ruling was requested on four flooring products identified as “Natural Horizontal,” “Carbonized Horizontal,” “Natural Vertical” and “Carbonized Vertical.” A sample book containing sections of the four products and several additional products was submitted. This ruling concerns only the four products described. A separate ruling request should be submitted along with sufficient information for any additional products such as the “Strand Woven” bamboo flooring.

“Natural Horizontal” is described as a flooring plank measuring 36” or 72” long by 3-5/8” wide by 5/8” thick. There are two samples labeled “Natural Horizontal” in the sample book. The first sample is, as described by you, composed of three layers of edge-glued strips of bamboo each 6 mm or under in thickness. The grains of all the layers run in the same direction. The second sample is also composed of three layers of edge-glued strips of bamboo each 6 mm or under in thickness. However, the grain of the middle layer runs at an angle to the grains of the adjacent layers. The sample book states that “All 72” Horizontal Flooring Has Crossply Core.” Both samples are tongued and grooved on the edges and have a clear hard finish on the face. The first sample also has three grooves running lengthwise on the back surface. The second sample is also tongued on one end in addition to being tongued and grooved on the edges.

“Carbonized Horizontal” is the same as the “Natural Horizontal” except for the color. The carbonized bamboo flooring has a caramel brown color with a dark grain.

“Natural Vertical” is described as a flooring plank measuring 36” or 72” long by 3-5/8” wide by 5/8” thick. It consists of multiple strips of bamboo each 5/8” wide and 6 mm or under in thickness. The strips are laminated together on their wide surfaces. The grains of all the strips run in the same direction. The laminated plank is tongued and grooved on the edges and has three grooves running lengthwise on the back surface.

“Carbonized Vertical” is the same as the “Natural Vertical” except for the color. The color is caramel brown with a dark grain.

The applicable subheading for the “Natural Horizontal” and the “Carbonized Horizontal” with the grains of the layers running in the same direction and for the “Natural Vertical” and the “Carbonized Vertical” as described above will be 4412.29.5600, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for plywood, veneered panels and similar laminated wood; other, with at least one outer ply of nonconiferous wood; other, other (than plywood). The rate of duty will be free.

The applicable subheading for the “Natural Horizontal” and the “Carbonized Horizontal” with the crossply core will be 4412.14.3170, HTSUSA, which provides for plywood consisting solely of sheets of wood, each ply not exceeding 6 mm in thickness; other, with at least one outer ply of nonconiferous wood, not surface covered, or surface covered with a clear or transparent material which does not obscure the grain, texture or markings of the face ply; other, other, other. The rate of duty will be 8 percent ad valorem.

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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