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NY I88433




December 5, 2002

CLA-2-44:RR:NC:2:230 I88433

CATEGORY: CLASSIFICATION

TARIFF NO.: 4418.90.4540

Mr. P. Ronald Muston
Owens Corning World Headquarters
One Owens Corning Parkway
Toledo, OH 43659

RE: The tariff classification of fabricated acoustic wall studs from Canada

Dear Mr. Muston:

In your letter dated November 6, 2002 you requested a tariff classification ruling.

The ruling was requested on fabricated wall studs designed to be used in the construction of a wall as part of your “QuietZone Noise Control System.” The studs consist of pieces of spruce/pine/fir (SPF) lumber assembled with pieces of laminated veneer lumber (LVL). One piece of SPF lumber is assembled to one piece of LVL with metal clips that hold the two pieces apart. Literature for the “QuietZone Noise Control System” states that the “QuietZone” wall framing studs combine two sections of wood with acoustically resilient metal clips and are therefore uniquely designed to break the path of sound vibrations.

Two samples of the studs to be imported by your company were submitted. One of the samples consists of a 2-5/16” wide by 1-7/16” thick piece of SPF lumber assembled to a ¾” wide by 1-3/16” thick piece of LVL. The other sample consists of a 3-9/16” wide by 1-3/8” thick piece of SPF lumber assembled to a 1-1/2” wide by 1-1/4” thick piece of LVL. The two components of both samples are connected by means of 6” long metal S-shaped brackets that are stapled to both components. The brackets or clips hold the components about 5/8” apart. The studs will be imported in lengths of 8 feet.

The applicable subheading for the “QuietZone” acoustic wall studs will be 4418.90.4540, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for builders’ joinery and carpentry of wood, other fabricated structural wood members. The general rate of duty will be 3.2 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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