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NY G85152

December 27, 2000

CLA-2-44:RR:NC:2:230 G85152


TARIFF NO.: 4407.24.0025; 4407.24.0090; 4407.29.0090; 4407.99.0091

Mr. Michael Fields
Aquatic Cellulose International Corp.
3704 – 32nd St.; Suite 301
P.O. Box 1952
Vernon, BC V1T 8Z7

RE: The tariff classification of rough cut lumber of various hardwood species from Brazil

Dear Mr. Fields:

In your letter dated November 28, 2000 you requested a tariff classification ruling.

You requested the tariff classification and information regarding the requirements for importing various species of Brazilian hardwoods. The hardwoods will be imported mostly as rough cut green or dried lumber in dimensional sizes.

The applicable subheadings for the various hardwood species of rough cut lumber fall within 4407.24.0025 and 4407.99.0091, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provide for Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or finger-jointed, of a thickness exceeding 6 mm. The rate of duty for these subheadings will be free. The specific subheading depends on the species, as follows:

Honduras Mahogany (Swietenia macrophylla) - 4407.24.0025

Louro Canela (Ocotea spp.) - 4407.24.0090

Brazilian Ipe (Tabebuia serratifolia) - 4407.29.0090

Masseranduba (Manilkara huberi) - 4407.29.0090

Sucupira Preta (Bowchida nitida) - 4407.29.0090

Spanish Cedro (Cedrela odorata) - 4407.29.0090

Freijo (Cordia goeldiana) - 4407.29.0090

Tatajuba (Bagassa guianensis) - 4407.99.0091

Jatoba (Hymenaea courbaril) - 4407.99.0091

Rouxinho(Purpleheart)(Peltogyne paniculata)- 4407.99.0091

Angelim Pedra (Hymenolobium excelsum) - 4407.99.0091

Castenheiro (Bertholletia excelsa) - 4407.99.0091

Enclosed for your information is a pamphlet entitled “U.S. Import Requirements” and a copy of the requirements for the “Binding Rulings Program.”

Importations of lumber are subject to import regulations administered by the U.S. Department of Agriculture (USDA). In addition, certain species of wood, such as mahogany, are subject to import restrictions administered by the USDA. You state that you have already contacted the USDA for their requirements.

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.


Robert B. Swierupski

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