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NY F85424





April 17, 2000

CLA-2-44:RR:NC:2:230 F85424

CATEGORY: CLASSIFICATION

TARIFF NO.: 4421.90.9840

Mr. Louis Reny
Renyco Inc. – Doweloc™
175 A Alexandre, 2 etage, C.P. 1080
Thurso, Quebec J0X 3B0
Canada

RE: The tariff classification of Doweloc™ scaffolding planks from Canada

Dear Mr. Reny:

In your letter dated February 23, 2000, which was received in our office on April 4, 2000, you requested a tariff classification ruling.

The ruling was requested on an assembled panel that will be used as a scaffolding plank in the construction industry. A diagram and a description of the assembly process were submitted.

The panel consists of two pieces of 2 x 3 (nominal) spruce, pine or fir (SPF) on the outer edges and three pieces of 1.5” x 1.5” laminated veneer lumber (LVL) in the center. The five vertically assembled pieces of wood are held together with aluminum or steel dowels which are inserted across the width of the panel at 24 inch intervals. The use of metal dowels for assembly in this manner is referred to as the Doweloc™ process. The overall measurements of the panel are 9.5 inches wide, 1.5 inches thick and 9 to 16 feet long.

The applicable subheading for the assembled Doweloc™ scaffolding plank will be 4421.90.9840, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other articles of wood; other; other. The general rate of duty will be 3.3 percent ad valorem.

Articles classifiable in subheading 4421.90.9840, HTSUSA, are presently not subject to the requirements of the U.S./Canadian Softwood Lumber Agreement of 1996.

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 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 the Customs Service.

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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