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May 5, 1999

CLA-2-44:RR:NC:2:230 E80752

CATEGORY: CLASSIFICATION

TARIFF NO.: 4411.21.0005

Mr. Eric Beevor-Potts
Interex Forest Products Ltd.
Suite 1720 - 650 West Georgia St.
Vancouver, B.C.
Canada V6B 4N9

RE: The tariff classification of medium density fiberboard panels from New Zealand

Dear Mr. Beevor-Potts:

In your letter dated April 9, 1999 you requested a tariff classification ruling.

The ruling was requested on three types of medium density fiberboard panels. Representative sample sections and a descriptive brochure were submitted. The three types are called Thinline, Liteboard and Regular Density MDF.

The Thinline type consists of panels usually 3 to 6 mm in thickness and with a density ranging from 0.75 to 0.78 grams per cubic centimeter. The Liteboard type consists of panels in thicknesses of 9, 12, 15, 16 and 25 mm and with a density ranging from 0.55 to 0.63 grams per cubic centimeter. The Regular Density MDF consists of panels in thicknesses of 9, 12, 16 and 18 mm and with a density ranging from 0.685 to 0.725 grams per cubic centimeter. All three types are imported in various sheet sizes such as 2440 x 1220, 2440 x 1830, 3660 x 1220, etc. The edges, ends and surfaces are not further worked.

The fiberboard is manufactured by bonding wood fibers with synthetic resin under heat and pressure. The samples have a smooth finish on both sides. All three types are intended for interior use in the making of furniture and joinery.

The applicable subheading for the three types of medium density fiberboard will be 4411.21.0005, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for fiberboard of wood or other ligneous materials, whether or not bonded with resins or other organic substances; fiberboard of a density exceeding 0.5 grams per cubic centimeter but not exceeding 0.8 grams per cubic centimeter; not mechanically worked or surface covered; medium density fiberboard. The rate of duty will be Free.

Imports of fiberboard panels classifiable in subheading 4411.21.0005, HTSUSA, are not subject to quota or visa requirements. No antidumping or countervailing duties are applicable.

The fiberboard panels are required to be marked with the country of origin. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304 or 19 C.F.R. 134), requires that unless excepted, every article of foreign origin (or its container) must be legibly, permanently and conspicuously marked to indicate the English name of the country of origin to an ultimate purchaser in the United States.

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 212-637-7009.

Sincerely,

Robert B. Swierupski

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