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NY J82929





April 10, 2003

CLA-2-44:RR:NC:SP:230 J82929

CATEGORY: CLASSIFICATION

TARIFF NO.: 4407.10.00

Mr. David A. Walser
UPS Supply Chain Solutions
P.O. Box 249
Sumas, WA 98295

RE: The tariff classification of cedar lumber used for trellises, from Canada.

Dear Mr. Walser:

In your letter dated March 25, 2003, you requested a tariff classification ruling on behalf of Kettle Valley Garden Products Co. (Chilliwack, BC, Canada). Photos and product information accompanied your inquiry.

The goods in question are sawn cedar sticks having a ¾-inch square cross section and various lengths ranging from 5½ inches to 8 feet. Although you refer to the items as “unassembled garden trellises,” it appears that in their imported condition they will merely be a collection of material, i.e., lumber. While the imported sticks may in fact be intended for use in making trellises, they are nevertheless recognizable only as general-purpose sawn wood, which is provided for eo nomine in heading 4407 of the Harmonized Tariff Schedule of the United States (HTSUS).

Accordingly, the applicable subheading for the above-described cedar sticks for trellises will be 4407.10.00, HTSUS, which provides for wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm: coniferous. The rate of duty will be free. (Note: Your inquiry does not contain sufficient information for us to determine the proper statistical suffix, which depends on such factors as the particular species of wood, whether the product has been finger-jointed, treated with preservative, etc.) The merchandise in question may be subject to antidumping duties and/or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W., Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification rulings issued by Customs.

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.

Sincerely,

Robert B. Swierupski
Director,

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