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NY R02087




July 1, 2005

CLA-2-44:RR:NC:2:230 R02087

CATEGORY: CLASSIFICATION

TARIFF NO.: 4407.10.0052

Ms. Rhonda McNeal
Norman G. Jensen, Inc.
395 Caswell Ave.
Derby Line, VT 05830

RE: The tariff classification of Russian pine lumber from Canada

Dear Ms. McNeal:

In your letter dated June 6, 2005, on behalf of Portbec Forest Products, you requested a tariff classification ruling.

The ruling was requested on pine (Pinus sylvestris) lumber from Russia, re-dried and graded in Canada. The wood sent to Canada from Russia consists of Sylvester pine lumber in nominal thicknesses of 6/4 or 8/4, widths of 4”, 5”, 6”, 8” and lengths of 11’, 12’, 13’, 14’, 15’, 16’, 17’ or 18’. The wood has a moisture content of 15% to 19%.

In Canada, the lumber is kiln dried to a moisture content of 12% to 15%. The wood is then examined by a grader who grades the wood following North American standard grades. No cuts are made on the wood. The wood imported into the United States from Canada is Sylvester pine lumber in nominal thicknesses of 6/4 or 8/4, widths of 4”, 5”, 6”, 8” and lengths of 11’, 12’, 13’, 14’, 15’, 16’, 17’ or 18’.

The applicable subheading for the pine (Pinus sylvestris) lumber will be 4407.10.0052, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), 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, not treated, other pine, rough. The general rate of duty will be free.

The lumber in question when imported from Canada 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 and origin rulings issued by U.S. Customs and Border Protection.

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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