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NY N006438




March 6, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4418.90.4640

Mr. Mike Daly
Livingston International Trade Services Inc. 97 Route 2 South
Alburgh, VT 05440

RE: The tariff classification of a fabricated open wood stud from Canada

Dear Mr. Daly:

In your letter dated January 31, 2007, on behalf of your client, Promobois G.D.S. Inc., you requested a tariff classification ruling.

The ruling was requested on a product described as an open stud for framing a wall. A representative 24” long sample of the product was submitted. The sample is a 1-1/2” x 3-1/2” wood stud with rectangular openings in the center. The stud is composed of glued-up wood pieces referred to as flanges and webs. The webs are short length blocks comprising the middle section of the stud and the flanges are full length strips comprising the two side sections of the stud. The flanges each consist of two face-glued and stapled strips of 1 x 3 (nominal) SPF lumber with a 9 mm round groove running lengthwise along the inner edge. The webs consist of 2 x 3 (nominal) SPF blocks with 9 mm round tongues running lengthwise down both edges. The tongued webs fit in between the grooved flanges. The sample has two 4” long web pieces glued at the ends adjacent to two 7” long open spaces and a 2” long web piece in the center. The studs will be imported in lengths varying from 7 to 12 feet.

You suggested classification of the product in subheading 4418.90.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for drilled or notched lumber studs. However, the subject stud is more than just drilled or notched lumber. It is an assembled product composed of several fabricated parts.

The applicable subheading for the fabricated open wood stud described above will be 4418.90.4640, HTSUS, which provides for other builders’ joinery and carpentry of wood, other fabricated structural wood members. The general rate of duty will be 3.2 percent ad valorem.

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/.

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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