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NY L84730




May 24, 2005

CLA-2-44:RR:NC:2:230 L84730

CATEGORY: CLASSIFICATION

TARIFF NO.: 4408.39.0100

Mr. Sidney Zuritsky
Wood Specialties, Inc.
1211 Singer Drive
West Palm Beach, FL 33404

RE: The tariff classification of peeled ceiba wood from Peru

Dear Mr. Zuritsky:

In your letter dated May 3, 2005 you requested a tariff classification ruling.

The ruling was requested on peeled Ceiba pentandra wood. The wood will be imported in sizes of 1/7” x 6-1/2” x 24-1/2”, 1/7” x 7” x 25” and 1/8” x 6-1/2” x 24-1/2”. The wood will be used for making produce crates.

Ceiba pentandra is the botanical name for a species of wood known locally in Peru as ceiba, and also known in the international community as fromager. Fromager is one of the tropical woods listed in subheading note 1 of chapter 44 of the Harmonized Tariff Schedule of the United States.

The applicable subheading for the peeled Ceiba pentandra wood described above will be 4408.39.0100, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sheets for veneering . . . and other wood sawn lengthwise, sliced or peeled, whether or not planed, sanded, spliced or end-jointed, of a thickness not exceeding 6 mm; of tropical wood specified in subheading note 1 to this chapter, 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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