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NY L89803





January 30, 2006

CLA-2-44:RR:NC:SP:230 L89803

CATEGORY: CLASSIFICATION

TARIFF NO.: 4418.90.4590

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

RE: The tariff classification of veneered wood moldings from China.

Dear Mr. Anderson:

In your letter dated January 9, 2006, you requested a tariff classification ruling on behalf of Primewood Inc.

A sample identified as a “Ranch Stop Molding – R. Oak, Stock # 14-400003” (red oak door stop) was submitted for our examination. It is a section of a finger-jointed wood board having a rectangular cross-section measuring approximately 1.113” wide by 0.4” thick. On the face side, the corners of both edges have been continuously rounded along the length of the board. In addition, the face and edges of the board have been wrapped with wood veneer. It appears that the article, which will be imported in 80.5” lengths with square-cut ends, will serve as a vertical piece on a door frame in a building.

We note your suggestion that the above-described product is classifiable in heading 4409 of the Harmonized Tariff Schedule of the United States (HTSUS), which provides for continuously shaped wood. However, the Harmonized Explanatory Notes in 44.09(e) exclude wood that has been surface worked beyond planing or sanding, and specifically list veneering as an exclusion.

The applicable subheading for the veneered “Ranch Stop Molding” will be 4418.90.4590, HTSUS, which provides for other (than certain enumerated) builders’ joinery and carpentry of wood. The rate of duty will be 3.2%.

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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