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NY R01344




February 11, 2005

CLA-2-44:RR:NC:2:230 R01344

CATEGORY: CLASSIFICATION

TARIFF NO.: 4407.25.0000

Ms. Susan L. Anderson
Dansu International
13565 SW Tualatin Sherwood Road, #100
Sherwood, OR 97140

RE: The tariff classification of finger-jointed wood from Malaysia

Dear Ms. Anderson:

In your letter dated January 24, 2005 you requested a tariff classification ruling.

The ruling was requested on two wood products, referred to as cleat stock or nailing strip. The subject products will be used to provide support in construction and in hanging of cabinets. Both products consist of rectangular strips of wood, in finished sizes of 11/16” thick x 11/16”, 1”, 1-1/2” or 2” wide x 8’ feet long. The species of wood is red meranti or light red meranti.

The first product listed in your request consists of cleat stock or nailing strip composed of finger-jointed and edge-glued wood. The processing is detailed as follows: Kiln dried rough lumber of various widths, lengths and thicknesses is sawn into strips of wood 22 mm thick using a molding machine. The strips are finger-jointed to the required 8’ length. The finger-jointed strips are surfaced four sides into 20 mm thick pieces and are then edge-glued together to form wider widths. The edge-glued finger-jointed strips are ripped into the required widths and then dressed into the finished sizes.

The issue of the classification of edge-glued wood is currently pending before the United States Court of Appeals for the Federal Circuit in the matter of Forest Products Northwest, Inc. v. United States. Section 177.7(b), Customs Regulations (19 CFR 177.7) provides that rulings will not be issued with respect to any issue which is pending before the United States Court of International Trade, the United States Court of Appeals for the Federal Circuit, or any court of appeal therefrom. Accordingly, we are unable to issue a ruling on the cleat stock or nailing strip composed of edge-glued wood. When all litigation has been concluded on the case referenced above, you may resubmit your request for a ruling for this product.

The second product listed in your request consists of cleat stock or nailing strip composed of finger-jointed wood only. The processing is detailed as follows: Kiln dried rough lumber is sawn using a molding machine into strips of the required thickness and widths. The strips are finger-jointed to the required length. The finger-jointed strips are dressed into the finished sizes.

The applicable subheading for the cleat stock and nailing strip composed of finger-jointed wood only will be 4407.25.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), 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; Of tropical wood specified in subheading note 1 to this chapter: Dark Red Meranti, Light Red Meranti and Meranti Bakau. 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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