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NY J88335




October 2, 2003

CLA-2-44:RR:NC:SP:230 J88335

CATEGORY: CLASSIFICATION

TARIFF NO.: 4412.29.5600

Ms. Kathy Reed
Page & Jones Inc.
52 N. Jackson Street
Post Office Drawer J
Mobile, Alabama 36601

RE: The tariff classification of laminated bamboo flooring planks from China.

Dear Ms. Reed:

In your letter dated August 22, 2003, you requested a tariff classification ruling on behalf of your client, M. Martin & Associates Corp. (Destin, FL). Samples representing two types of bamboo flooring planks were submitted for our examination.

The first sample is a section of a flooring plank measuring approximately 13½ mm thick by 9 cm wide. It consists of three layers of bamboo, each about 4 to 5 mm thick, that have been laminated together. Each layer is made up of several edge-glued strips of bamboo. The grain of all the strips in the plank runs in the same direction. The plank is tongued and grooved along the edges, and in addition the bottom surface has two broad, parallel grooves running lengthwise. The product appears to be coated with a clear finishing material.

The second sample is a section of a flooring plank composed of numerous strips of bamboo (each approximately 6 mm or less in thickness by 13½ mm wide) which have been laminated together on their wide surfaces so as to create a board measuring approximately 13½ mm thick by 10 cm wide. The grain of all the strips runs in the same direction. The plank is tongued and grooved along the edges, and in addition the bottom surface has two broad, parallel grooves running lengthwise. The product is also coated with a clear finishing material.

The applicable subheading for the both of the above-described types of bamboo flooring will be 4412.29.5600, Harmonized Tariff Schedule of the United States (HTS), which provides for other (than certain enumerated) veneered panels and similar laminated wood, with at least one outer ply of nonconiferous wood. 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 Bureau of Customs and Border Protection.

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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