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NY L80362




November 16, 2004

CLA-2-44:RR:NC:2:230 L80362

CATEGORY: CLASSIFICATION

TARIFF NO.: 4408.10.0170

Ms. Debra Flock
Kuehne & Nagel, Inc.
668 Marina Drive, Ste B7
Charleston, SC 29492

RE: The tariff classification of maritime pine veneer from Australia

Dear Ms. Flock:

In your letter dated October 18, 2004, on behalf of the importer of record, Wesbeam Holdings Ltd. of Australia, you requested a tariff classification ruling.

The ruling was requested on 4.2 mm thick maritime pine veneer. Representative samples of the wood veneer and reference literature were submitted. The samples consist of solid sheets of 4.2 mm thick knotty pine with a rough texture. The reference literature states that maritime pine (Pinus pinaster or Pinus maritima) is a medium-sized softwood able to grow on sandy coastal soils and is found in Western Australia.

The applicable subheading for the maritime pine veneer will be 4408.10.0170, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sheets for veneering, for plywood or for other similar laminated wood and other wood, sawn lengthwise, sliced or peeled, whether or not planed, sanded, spliced or end-jointed, of a thickness not exceeding 6 mm; coniferous, not reinforced or backed, other. 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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