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NY L87030

September 14, 2005

CLA-2-44:RR:NC:2:230 L87030


TARIFF NO.: 4412.29.5600

Mr. Hung Tran
FloorEx International LLC
1711 Pierce Street
Philadelphia, PA 19145-2116

RE: The tariff classification of laminated bamboo flooring from China

Dear Mr. Tran:

In your letter dated August 16, 2005 you requested a tariff classification ruling.

The ruling was requested on four representative samples of bamboo flooring. The samples consist of flooring boards measuring 3-5/8” wide x 5/8” thick made of laminated bamboo strips. The boards have tongued and grooved edges and ends and shallow grooves running down the length of the bottom surface.

The samples labeled “Bamboo Vertical Natural Prefinished Solid” and “Bamboo Vertical Carbonized Prefinished Solid” consist of multiple strips of bamboo, each 5/8” wide and 6 mm or under in thickness, laminated together on their wide surfaces. The grains of all the strips or layers run in the same direction. The two samples differ only in their color; one has a light natural finish and the other has a dark carbonized finish.

The samples labeled “Bamboo Horizontal Natural Prefinished Solid” and “Bamboo Horizontal Carbonized Prefinished Solid” consist of three layers of edge-glued strips of bamboo, each less than 6 mm in thickness. The grains of all the layers run in the same direction. The two samples differ only in their color; one has a light natural finish and the other has a dark carbonized finish.

The applicable subheading for the four samples of bamboo flooring described above will be 4412.29.5600, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for: Plywood, veneered panels and similar laminated wood: Other, with at least one outer ply of nonconiferous wood: Other: Other (than plywood). 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 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.


Robert B. Swierupski

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