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NY I88118




November 27, 2002

CLA-2-44:RR:NC:SP:230 I88118

CATEGORY: CLASSIFICATION

TARIFF NO.: 4421.90.9740

Mr. Barry Naimark
Naimark Lumber Ltd.
8971 Noble Road
Halfmoon Bay, B.C. V0N 1Y1
CANADA

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

Dear Mr. Naimark:

In your undated letter received here on November 4, 2002, you requested a tariff classification ruling.

The ruling was requested on a wood product known as a “reversible crossarm brace,” which is intended for use as a support piece for the crossarm on a utility pole. A diagram and a size chart accompanied your inquiry. A sample was previously submitted in connection with New York Ruling H87136 (Feb. 11, 2002), which was issued to Norman G. Jensen, Inc., on your behalf. You are now submitting additional information about the product’s manufacture and the condition in which it will be imported.

The product is a solid, kiln-dried wood board, surfaced four sides to a uniform rectangular cross-section measuring 1-5/8” x 2-1/4” throughout its length. (The sample is 29½” long, but the item will be supplied in various precision-end-trimmed lengths ranging from 16” to 73½”.) All four edge corners are continuously rounded along the entire length to a radius of ¼”. (You note that the “eased edges” on standard dimension lumber have a radius of 1/16”.) One corner at one end of the item is cut off to facilitate the use of a tool to attach the brace to a crossarm. In addition, two center holes have been drilled through the board near each end to accommodate 3/8” bolts (not included) that will be used to attach metal mounting fittings (not included). At the square-cut end, one hole runs across the width 7/8” from the end, while the other runs across the thickness 1-7/8” from the end. At the corner-cut end, one hole runs across the width 1-7/8” from the end, while the other runs across the thickness 2-7/8” from the end.

For the purposes of this ruling, it is assumed that the crossarm braces will be manufactured as described above and imported only in the condition indicated. The applicable subheading for the pre-drilled “reversible crossarm braces” with ¼”-radiused edges 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 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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