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NY K88608





August 30, 2004
CLA-2-44:RR:NC:2:230 K88608

CATEGORY: CLASSIFICATION

TARIFF NO.: 4412.14.0540

Mr. Terrance A. O’Neill
Maersk Customs Services, Inc.
2999 Pacific Commerce Dr.
Rancho Dominguez, CA 90221

RE: The tariff classification of birch plywood from China

Dear Mr. O’Neill:

In your letter dated August 6, 2004, on behalf of Southern Traditions One Ltd., you requested a tariff classification ruling.

The ruling was requested on birch (Betula spp.) plywood. A representative sample section of the plywood was submitted. The sample is an 18 mm thick panel consisting of twelve plies of veneer. The veneers are laminated together so that the grains of a number of the plies run at angles to the grains of the adjacent plies. Each ply is approximately 1 mm to 2 mm thick. The outer plies are veneers of birch and the inner plies are veneers of other nonconiferous species of wood. The outer plies are not surface covered. The plywood panels will be imported in 4’ x 8’ sheets.

The applicable subheading for the birch (Betula spp.) plywood will be 4412.14.0540, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for plywood, veneered panels and similar laminated wood; plywood consisting solely of sheets of wood, each ply not exceeding 6 mm in thickness; other, with at least one outer ply of nonconiferous wood, not surface covered, with a face ply of birch (Betula spp.). The rate of duty will be free.

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 U.S. Customs and Border Protection (CBP) 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 CBP.

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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