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NY J86266




July 2, 2003

CLA-2-73:RR:NC:1:112 J86266

CATEGORY: CLASSIFICATION

TARIFF NO.: 7308.90.3000; 4409.10.9040; 4418.90.4590

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

RE: The tariff classification of various building components from Canada

Dear Mr. Daly:

In your letter dated June 6, 2003, on behalf of Domexport, Inc., you requested a tariff classification ruling.

As indicated by the submitted samples, there are three items in question. Item #1 is a “block insert” for a clip-on stud. The sample is a piece of 2 x 3 S-P-F lumber with a continuous, 40-degree bevel along one corner of one edge. In addition, there is a continuous groove, approximately 3/32” wide by ¼” deep running along each edge of the board. The ends are square-cut. The product will be used as a movable (sliding) end piece of a metal stud to impart “telescopic” ability. The block inserts will be imported in 2 x 2, 2 x 3, 2 x 4 and 2 x 6 nominal sizes, in lengths ranging from 6 inches to 48 inches.

The applicable subheading for the “block inserts” will be 4409.10.9040, Harmonized Tariff Schedule of the United States (HTSUSA), which provides for wood continuously shaped along any of its edges, ends or faces, whether or not planed, sanded or end-jointed: coniferousother. The rate of duty will be free.

The “block inserts” 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 rulings issued by Customs.

Item #2 is a “telescopic stud.” The sample is a steel stud with wooden block inserts at each end. The blocks can slide along the stud by means of grooves that have been cut into the blocks, thereby allowing for flexibility in anchoring the steel stud. The studs come in various sizes measuring 2” x2”, 2” x 3”, 2” x 4”, and 2” x 6” in width and from 6’ to 10’ in length.

The applicable subheading for the “telescopic stud” will be 7308.90.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for columns, pillars, posts, beams, girders and similar structural units: Not in part of alloy steel. The rate of duty will be 0.3 percent ad valorem.

Item #3 is a “nail panel insert.” The sample is a plywood panel, approximately 5¾” wide x 15” long x 5/8” thick, with a grooved, beveled block of lumber stapled to one end and another piece of plywood (1-5/8” x 5-3/4” x 5/8”) stapled perpendicularly to the other end. The product will be used in conjunction with metal studs in the construction of buildings. The sample appears to represent the smallest of the available sizes, which will range up to 24” x 24”.

The applicable subheading for the “nail panel inserts” will be 4418.90.4590, HTSUSA, which provides for other (than certain enumerated) builders’ joinery and carpentry of wood. The general rate of duty will be 3.2%.

The “nail panel insert,” being wholly obtained or produced entirely in the territory of Canada, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

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 David Curran at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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