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NY L86152




July 25, 2005

CLA-2-44:RR:NC:SP:230 L86152

CATEGORY: CLASSIFICATION

TARIFF NO.: 4417.00.8090; 4421.90.9740

Mr. Gordon C. Anderson
C.H. Robinson Worldwide, Inc.
8855 Columbine Road (Suite 400)
Eden Prairie, MN 55347-4148

RE: The tariff classification of paint paddles and wooden shims from China.

Dear Mr. Anderson:

In your letter dated June 27, 2005, you requested a tariff classification ruling on behalf of Asia Pacific Resources LLC (Nanuet, NY). Four samples were submitted for our examination.

The sample identified as a “paint paddle stir stick” (item # PP14) is a sawn, flat wood strip measuring approximately 1” wide by 1/8” thick by 14” long. Two curved notches are cut out of opposite edges near one end. That end also has rounded corners.

While you have suggested that the above-described paddle may be classifiable in the provision for “other articles of wood” in subheading 4421.90.9740, Harmonized Tariff Schedule of the United States (HTS), we find that it is a wood tool and more specifically provided for in another heading, as indicated below.

The applicable subheading for the # PP14 “paint paddle stir stick” will be 4417.00.8090, HTS, which provides for other (than certain enumerated) tools and tool bodies, of wood. The rate of duty will be 5.1%.

The sample identified as a “wood shim” (item # GSH16) is a wedge-shaped (tapered) strip of wood, approximately 1-5/16” wide by 16” long. It is approximately 8½ mm thick at one end and tapers down to about ½ mm at the other end. Our examination of the sample indicates that the thickness of the shim is less than 6 mm along more than half of its length.

The applicable subheading for the # GSH16 shim will be 4421.90.9740, HTS, which provides for other (non-enumerated) articles of wood. The rate of duty will be 3.3%.

The sample of item # GS1224, a wooden stake, is a solid, sawn rectangular strip of wood measuring approximately 1¼” wide by 9/16” thick by 23” long. One end of the strip is shaped to a point by tapering both edges at an angle starting at 2½” from the end. You state that the species will be pine, fir or poplar.

The sample of item # GS ¼ 1224, also a wooden stake, is a solid, sawn rectangular strip of wood measuring approximately 1½” wide by 5/16” thick by 23” long. One end of the strip is shaped to a point by tapering both edges at an angle starting at 2½” from the end. You state that the species will again be pine, fir or poplar.

Your inquiry does not provide enough information for us to rule on the # GS 1224 and GS ¼ 1224 stakes. We ask that you provide the following additional information:

The intended application(s) for these products in the United States. Confirmation that, in their imported condition, they will be pointed like the submitted samples. A statement as to whether these items are applicable to fencing. If so, give details.

When this information is available, you may wish to consider resubmission of this portion of your request. We are retaining the samples for future reference.

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 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 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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