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NY J88249




September 22, 2003

CLA-2-44:RR:NC:2:230 J88249

CATEGORY: CLASSIFICATION

TARIFF NO.: 4421.90.9740

Ms. Wendy J. Wendell
FedEx Trade Networks
Transport & Brokerage, Inc.
128 Dearborn Street
Buffalo, NY 14207

RE: The tariff classification of a stapled plywood block from Canada

Dear Ms. Wendell:

In your letter dated August 22, 2003, on behalf of the importer, Atlas Tube Inc., you requested a tariff classification ruling.

The ruling was requested on a block made of three strips of plywood stapled together. A representative sample of the block was submitted. The sample consists of a rectangular board measuring approximately 2” thick by 3” wide by 16” long. It is composed of a number of 3” wide by 16” long strips of plywood stacked on top of each other and stapled together. You state that the plywood strips are scrap pieces derived from a Canadian plywood mill. The dimensions of the blocks to be imported are stated to be 2” x 2-5/8” x 23-7/8.” The blocks will be used by the importer for stacking tubes.

The applicable subheading for the stapled plywood blocks will be 4421.90.9740, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other articles of wood. The general rate of duty will be 3.3 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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