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NY L86093

August 5, 2005

CLA-2-44:RR:NC:SP:230 L86093


TARIFF NO.: 4409.20.0500

Ms. Gloria I. Aviles-Cole
Wood Flooring International
122 Kissel Road
Burlington, NJ 08016

RE: The tariff classification of solid wood flooring planks from Malaysia.

Dear Ms. Aviles-Cole:

In your letter dated July 8, 2005, you requested a tariff classification ruling.

A sample identified as “palm pre-finished solid wood flooring select” was submitted for our examination. It is a section of a solid wood board measuring approximately 4½” wide by 5/8” thick. The board has been tongued and grooved along its edges and its ends, and has been stained with a penetrating-oil finish. In addition, there are four deep, narrow, continuous grooves running lengthwise along the back surface. The species of wood is coconut palm (Cocos nucifera).

The applicable subheading for the above-described flooring planks will be 4409.20.0500, Harmonized Tariff Schedule of the United States (HTS), which provides for nonconiferous wood continuously shaped along any of its ends, whether or not also continuously shaped along any of its edges or faces, all the foregoing whether or not planed, sanded or end-jointed. The rate of duty will be 3.2%.

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 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 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.


Robert B. Swierupski

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