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NY K86546




June 25, 2004
CLA-2-44:RR:NC:2:230 K86546

CATEGORY: CLASSIFICATION

TARIFF NO.: 4412.29.5600

Ms. Gloria I. Aviles-Cole
Wood Flooring International
1810 Underwood Blvd.
Delran, NJ 08075

RE: The tariff classification of laminated bamboo flooring from China

Dear Ms. Aviles-Cole:

In your letter dated May 25, 2004 you requested a tariff classification ruling.

The ruling was requested on four bamboo flooring products. Representative sample sections of boards were submitted.

The samples labeled “Vertical Natural Finished” and “Vertical Carbonized Finished” consist of multiple narrow strips of bamboo, each approximately 3 to 5 mm thick, laminated together on their wide surfaces. The strips are laminated together so that the grain of all the strips run in the same direction. The laminated boards measure 3-1/2” wide and 9/16” thick and are tongued and grooved on the edges and ends. The two boards differ only in their color; one has a light natural finish and the other has a dark carbonized finish.

The sample labeled “Horizontal Carbonized Finished” consists of three layers of bamboo, each under 6 mm in thickness, laminated together so that the grain of all the layers run in the same direction. Each layer is composed of edge-glued strips of bamboo. The laminated board measures 3-1/2” wide and 9/16” thick and has tongued and grooved edges and ends.

The sample labeled “Engineered Carbonized Finished” consists of a top layer of bamboo, approximately 4 mm thick, laminated with a core of lumber strips and a back ply of wood veneer. The grains of the layers run at angles to each other. The cross-grained laminated board measures approximately 7-1/2” wide and 9/16” thick and has tongued and grooved edges.

The applicable subheading for the bamboo flooring products labeled “Vertical Natural Finished”, “Vertical Carbonized Finished” and “Horizontal Carbonized Finished” will be 4412.29.5600, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for Plywood, veneered panels and similar laminated wood: Other, with at least one outer ply of nonconiferous wood: Other (than plywood). The rate of duty will be free.

Your inquiry does not provide enough information for us to give a classification ruling on the bamboo plywood flooring product labeled “Engineered Carbonized Finished”. Your request for a classification ruling should include the specific identity by common and botanical name of the lumber core and the back ply. When this information is available, you may wish to consider resubmisson of your request. If you decide to resubmit your request for a ruling for this product, please include a copy of this letter. The sample will be retained in our office for 60 days pending resubmission of your request.

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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