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NY H89925

April 11, 2002

CLA-2-44:RR:NC:SP:230 H89925


TARIFF NO.: 4401.22.0000

Ms. Gayle E. Meagher
Charles M. Schayer & Co.
P.O. Box 17769
Denver, CO 80217

RE: The tariff classification of wood chips from New Zealand.

Dear Ms. Meagher:

In your letter dated March 13, 2002, you requested a tariff classification ruling on behalf of Kiwi Wood Chip Corp. (Dumont, CO).

A sample was submitted for our examination. It is a 2-lb. retail bag of “tea-tree wood chips” intended to be added to the hot coals in a barbecue grill in order to impart a distinctive smoked flavor to the food being cooked. The wood chips are said to be obtained from the New Zealand “tea tree,” also known as “Manuka.” We find that Manuka is a nonconiferous (hardwood) species having the scientific name Leptospermum scoparium. The sample chips are small, irregularly shaped particles; many are thick enough to be rigid while the others are flexible slivers. There are no additives in the product.

The applicable subheading for the wood chips will be 4401.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for wood in chips or particles: nonconiferous. The rate of duty will be free.

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 646-733-3035.


Robert B. Swierupski

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