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NY J83544




May 16, 2003

CLA-2-44:RR:NC:2:230 J83544

CATEGORY: CLASSIFICATION

TARIFF NO.: 4421.90.7040; 4409.10.9020; 4418.90.4590

Mr. Mike Daly
Livingston International Trade Services Inc. 100 Walnut Street
Champlain, NY 12919

RE: The tariff classification of chamfered posts, beaded balusters and TimberStrand® LSL (laminated strand lumber) from Canada

Dear Mr. Daly:

In your letter dated April 1, 2003, on behalf of the Weyerhaeuser Company, you requested a tariff classification ruling.

The ruling was requested on chamfered posts, beaded balusters, TimberStrand® LSL and waste wood blocks. Representative samples of the chamfered posts and beaded balusters, descriptive literature of the TimberStrand® LSL and a video tape of the waste wood blocks were submitted.

The chamfered posts consist of nominal 4” x 4” western red cedar boards with one chamfered end. The chamfered end has one inch of the four edges cut off at about a 45 degree angle. The posts will be imported in lengths of 4’, 6’ and 8’. In some cases, the posts will have additional saw grooves around the top of the post for decorative purposes. You state that the posts will be used as fence posts and as deck posts. However, the subject posts have not been notched or otherwise processed in a way that dedicates them for use as deck posts.

The applicable subheading for the chamfered posts described above will be 4421.90.7040, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for pickets, palings, posts and rails, the foregoing which are sawn. The general rate of duty will be free.

The beaded balusters consist of nominal 2” x 2” western red cedar boards with bead cuts on two or more sides. The sample has a uniform 1-3/8” square profile with eased edges and a 1/8” deep v-groove with a center bead running lengthwise down the middle of two opposite surfaces. The beaded balusters will be imported in lengths of 36”, 42” and 96”. The 36” and 42” long boards will be used as the vertical components of railings on decks. The 96” long boards will be used as the vertical supports for privacy screens on decks. The 36” and 96” long beaded boards have square cut ends. The 42” length has one end cut at a 45 degree angle.

The applicable subheading for the 36” and 96” long beaded boards with square cut ends will be 4409.10.9020, 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, western red cedar. The general rate of duty will be free.

The above merchandise 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 applicable subheading for the 42” long beaded balusters with one end cut at a 45 degree angle will be 4418.90.4590, HTSUSA, which provides for other builders’ joinery and carpentry of wood. The general rate of duty will be 3.2 percent ad valorem.

The TimberStrand® LSL (laminated strand lumber) is a massive reconstituted timber product. It is manufactured from thin narrow strands of wood up to 12” in length. The strands are derived from small diameter aspen, poplar or birch trees. The strands are mixed with resin and wax and then aligned parallel to form a 8’ x 64’ mat. The mat is pressed, sanded and cut to customer specifications. The laminated strand lumber is a building material used as beams, headers, studs and other structural members.

The applicable subheading for the TimberStrand® LSL (laminated strand lumber) will be 4418.90.4590, HTSUSA, which provides for other builders’ joinery and carpentry of wood. The general rate of duty will be 3.2 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the waste wood blocks. Your request for a classification ruling should include additional information, as follows: (1) state the species of wood, (2) explain the discrepancy between your letter which states that the waste wood is shipped in bins and the video which shows the wood being loaded directly onto a trailer, (3) identify all parties to whom the waste wood is sold, and (4) list the processing steps performed in manufacturing shingles from the waste wood. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all the material that we have returned to you.

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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