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NY H83119

July 20, 2001

CLA-2-44:RR:NC:2:230 H83119


TARIFF NO.: 4412.22.5000; 4421.90.9840

Mr. William M. Stringfield
William M. Stringfield Customs Brokers
249 E. Ocean Blvd., Suite 1008
Long Beach, CA 90802

RE: The tariff classification of a two ply meranti panel from Malaysia and a three ply blockboard panel with outer layers of fiberboard from Indonesia

Dear Mr. Stringfield:

In your letter dated June 20, 2001, on behalf of American Pacific Plywood Inc., you requested a tariff classification ruling.

The ruling was requested on two products, sample sections of which were submitted. Both products are laminated panels which will be imported in sizes of 4 feet by 8 feet.

The first product is referred to as two ply meranti and will be imported from Malaysia. It is a 4.7 mm thick laminated panel consisting of two layers. Both layers are veneers of meranti wood. The plies are laminated so that the grain of one runs at an angle to the other.

The second product is referred to as blockboard and will be imported from Indonesia. It is a 19 mm thick laminated panel consisting of three layers. The core is 13 mm thick and is composed of edge-glued lumber strips. The outer layers each consist of 3 mm thick medium density fiberboard.

The applicable subheading for the first product, the two ply meranti, will be 4412.22.5000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for plywood, veneered panels and similar laminated wood; other, with at least one outer ply of nonconiferous wood; with at least one ply of tropical wood specified in subheading note 1 to this chapter (44); other (than plywood). The duty rate will be free.

The applicable subheading for the second product, the blockboard with outer layers of fiberboard, will be 4421.90.9840, HTSUSA, which provides for other articles of wood, other. The duty rate will be 3.3 percent ad valorem.

Articles classifiable under subheading 4421.90.9840, HTSUSA, which are products of Indonesia are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" and then search for the term "GSP".

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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