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NY J83650




May 1, 2003

CLA-2-44:RR:NC:2:230 J83650

CATEGORY: CLASSIFICATION

TARIFF NO.: 4421.90.9740

Ms. Carol L. Alness
Hoffco, Inc.
P.O. Box 248
North State Highway 274
Wood Lake, MN 56297

RE: The tariff classification of edge-glued rubberwood blanks from Malaysia

Dear Ms. Alness:

In your letter dated April 9, 2003 you requested a tariff classification ruling.

The ruling was requested on two products, samples of which were submitted. The first product is a 9” x 13” x 1” blank consisting of edge-glued and finger-jointed rubberwood (Hevea brasiliensis). The sample is a rectangular board with square edges and ends.

The second product is a kitchen corner cabinet spin tray. It is a shaped finished product manufactured from a larger glued blank.

The applicable subheading for the edge-glued and finger-jointed rubberwood blank will be 4421.90.9740, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other articles of wood. The duty rate will be 3.3 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the second product, the cabinet spin tray. Your request for a classification ruling should include information on how and where this product is used. Please explain how this product is attached to a cabinet and how it operates. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of 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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