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NY N014656





August 23, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4409.29.4000; 4411.14.9010

Mr. Quinn O’Rourke
North Pacific Group, Inc.
10200 SW Greenburg Road
Portland, OR 97223

RE: The tariff classification of wood chair rail moldings from China

Dear Mr. O’Rourke:

In your letter dated July 17, 2007 you requested a tariff classification ruling.

The ruling was requested on chair rail moldings made of solid wood and of medium density fiberboard. A representative sample was submitted.

The sample consists of a continuously shaped strip of wood, used primarily as a decorative and protective trim on walls at chair height. The sample is continuously shaped with a decorative profile throughout the length. It measures approximately 19 mm thick x 1-1/2” wide and will be imported in lengths of 7 or 8 feet. The ends of the molding are square cut. The sample is composed of solid poplar. However, the identical molding may be composed of other white hardwoods.

In addition, the chair rail molding, having the same dimensions and profile as the sample, may be made of medium density fiberboard obtained by the dry production process (a process in which additional thermosetting resins are added to dried wood fibers in the bonding and pressing process). The medium density fiberboard molding will be primed.

The applicable subheading for the chair rail molding, described above, made of solid poplar or of other white hardwoods, will be 4409.29.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for wood continuously shaped (tongued, grooved, rebated, chamfered, V-jointed, beaded, molded, rounded or the like) along any of its edges, ends or faces, whether or not planed, sanded or end-jointed, nonconiferous, other, wood moldings; standard wood moldings. The rate of duty will be free.

The applicable subheading for the chair rail molding, described above, made of medium density fiberboard, will be 4411.14.9010, HTSUS, which provides for fiberboard of wood or other ligneous materials, whether or not bonded with resins or other organic substances; medium density fiberboard (MDF); of a thickness exceeding 9 mm; other (than not mechanically worked or surface covered); other, standard wood moldings. The rate of duty will be 3.9 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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