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NY J82880




April 23, 2003

CLA-2-44:RR:NC:2:230 J82880

CATEGORY: CLASSIFICATION

TARIFF NO.: 4409.10.9040

Mr. Stephen W. Marlow
FedEx Trade Networks
Transport & Brokerage, Inc.
205 West Service Road
Champlain, NY 12919

RE: The tariff classification of finger-jointed pine, tongued and grooved along the edges and beaded and V-grooved along the faces, from Canada

Dear Mr. Marlow:

In your letter dated March 27, 2003, on behalf of your client, Nor Que Wood Inc., you requested a tariff classification ruling.

The ruling was requested on molded (continuously shaped), finger-jointed eastern white pine lumber. The lumber will be imported in nominal sizes of 1” x 4” and 1” x 6”and in lengths of 16’. The boards are described as being molded on two faces and two edges with a center bead and reversible V-joint. The general applications of the boards will be as interior and exterior paneling, wainscotting and soffits.

A representative sample of a board was submitted. It consists of a 10” long section of a finger-jointed piece of wood measuring approximately 5-3/8” wide by ¾” thick. The edges of the board are tongued and grooved and have a half V-groove running continuously down the length along both faces. In addition, one face has a bead and V-groove combination running lengthwise in the center and an additional bead running along the tongued edge. The ends of the board are square and unworked.

The applicable subheading for the finger-jointed pine boards, tongued and grooved along the edges and beaded and V-grooved along the faces, will be 4409.10.9040, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for wood continuously shaped (tongued, grooved, rebated, chamfered, V-jointed, beaded, molded, rounded or the like) along any of its edges, ends or faces, whether or not planed, sanded or end-jointed; coniferous; other. The general rate of duty will be free.

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 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 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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