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NY K89446





October 14, 2004

CLA-2-44:RR:NC:2:230 K89446

CATEGORY: CLASSIFICATION

TARIFF NO.: 4421.90.9740

Mr. Walter Ohlig
48514 N 31st Avenue
Phoenix, AZ 85087-6927

RE: The tariff classification of natural camphor wood pieces from Hong Kong

Dear Mr. Ohlig:

In your letter dated September 7, 2004 you requested a tariff classification ruling.

The ruling was requested on camphor wood pieces. You state that the wood pieces are used to repel moths from clothing stored in closets and drawers. A sample from the vendor was submitted for our review. The sample consists of one shaped piece of wood wrapped in cellophane and attached to a cardboard backing. The wood piece is shaped like a cloud and measures approximately 1-9/16” by 1-1/8” by 7 mm thick. Printed on the cardboard is the information that this is a natural camphor wood product. The camphor tree (Cinnamomum camphora) is an aromatic tree from which natural camphor is derived.

The applicable subheading for the shaped natural camphor wood pieces will be 4421.90.9740, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other articles of wood. The rate of duty will be 3.3 percent ad valorem.

The sample submitted was not marked with the country of origin. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

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 U.S. Customs and Border Protection (CBP) 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 CBP.

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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