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NY L86222





August 1, 2005

CLA-2-44:RR:NC:SP:230 L86222

CATEGORY: CLASSIFICATION

TARIFF NO.: 4407.10.0001

Ms. Betty Barney
Norman G. Jensen, Inc.
P.O. Box 3789
Blaine, WA 98231-3789

RE: The tariff classification of finger-jointed lumber from Canada.

Dear Ms. Barney:

In your letter dated June 17, 2005, you requested a tariff classification ruling on behalf of Crystal Forest Industries, Ltd. (Prince George, BC, Canada).

The ruling was requested on finger-jointed wood studs which will be made in Canada from U.S.-origin trim blocks. The studs will be finger-jointed, stud-grade wood boards, 2 x 3, 2 x 4 or 2 x 6, in lengths ranging from 88 to 120 inches. The species used will be spruce-pine-fir, Douglas fir and hem-fir.

The applicable subheading for the above-described studs will be 4407.10.0001, Harmonized Tariff Schedule of the United States (HTS), which provides for wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm: coniferous: finger-jointed. The rate of duty will be Free.

With regard to your comments on the scope of the antidumping and countervailing duty orders currently applicable to certain wood products from Canada, please be advised that a list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection.

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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