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NY L88770




January 30, 2006

CLA-2-44:RR:NC:SP:230 L88770

CATEGORY: CLASSIFICATION

TARIFF NO.: 4412.29.3670

Mr. Robert Glover
L.E. Coppersmith, Inc.
525 South Douglas Street
El Segundo, CA 90245

RE: The tariff classification of laminated wood flooring from China.

Dear Mr. Glover:

In your letter dated January 13, 2006, you requested a tariff classification ruling on behalf of IMI Floors Inc. (Vancouver, BC, Canada).

A sample section of a three-layer laminated wood flooring plank labeled “Jatoba Classic/ Engineer Exotics 125 mm single strip” was submitted for our examination. You provided additional information over the telephone. The plank, which measures approximately 125 mm wide by 14 mm thick, has a top layer of Jatoba veneer (3 mm thick) in the form of a single strip extending across the full width. It is coated with a clear polyurethane finish. The middle layer or core consists of multiple 9-mm-thick strips of pine lumber placed edge to edge. The bottom layer is a sheet of 2-mm-thick pine veneer. The three layers are laminated together so that their grains run at angles to each other. The planks will be imported in 2200-mm lengths, tongued and grooved on their edges and ends.

The applicable subheading for the above-described flooring planks will be 4412.29.3670, Harmonized Tariff Schedule of the United States (HTSUS), which provides for plywood, veneered panels and similar laminated wood; other, with at least one outer ply of nonconiferous wood; other, plywood, not surface covered, or surface covered with a clear or transparent material which does not obscure the grain, texture or markings of the face ply, other. The rate of duty will be 8%.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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