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NY M80889




March 29, 2006

CLA-2-44:RR:NC:2:230 M80889

CATEGORY: CLASSIFICATION

TARIFF NO.: 4412.29.5600

Mr. Frank Gomez
World Exchange, Inc.
8840 Bellanca Ave.
Los Angeles, CA 90045

RE: The tariff classification of bamboo flooring from China

Dear Mr. Gomez:

In your letter dated February 21, 2006, on behalf of D & M Bamboo Flooring Co., you requested a tariff classification ruling.

The ruling was requested on several types of wood flooring. The types are identified as “Oak Wood Flooring” (Product Codes - DM Oak ML-0011-O, DM Oak ML-0010-O), “Walnut Wood Flooring” (Product Codes – DM Maple ML-0010-M, DM Maple ML-0011-M, DM Maple ML-0012-M) and “Bamboo Wood Flooring” (Product Codes – DM Bamboo TL-0011-B, DM Bamboo S-0010-B, DM Bamboo S-0012-B). Representative samples were submitted, including an additional sample of bamboo flooring (Product Code – DM Bamboo TC-0011-B).

The “Oak Wood Flooring” samples and the “Walnut Wood Flooring” samples are laminated wood boards consisting of seven plies of wood, each under 6 mm in thickness. The plies are laminated together so that the grain of each ply runs at an angle to the grain of the adjacent ply.

The “Bamboo Wood Flooring” samples consist of laminated bamboo boards measuring approximately 3-3/4” wide x 9/16” thick. The boards are tongued and grooved along the edges and have two shallow grooves running lengthwise down the bottom surface. The top surface is finished with a clear hard material.

Two of the bamboo flooring samples (TL-0011-B and TC-0011-B) consist of three “horizontal” layers of bamboo. Each layer is composed of edge-glued strips of bamboo and is under 6 mm in thickness. The grains of the layers run in the same direction. One sample is composed of natural light bamboo strips; the other sample is composed of carbonized dark bamboo strips.

The other two bamboo flooring samples (S-0010-B and S-0012-B) consist of multiple “vertical” layers of narrow strips of bamboo, each under 6 mm in thickness. The strips have been laminated together on their wide surfaces, with all of the grains running in the same direction. One sample is composed of natural light bamboo strips; the other sample is composed of carbonized dark bamboo strips.

The applicable subheading for the “Bamboo Wood Flooring”, represented by the four samples described above, will be 4412.29.5600, Harmonized Tariff Schedule of the United States (HTSUS), 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.

Your inquiry does not provide enough information to give a classification ruling for the “Oak Wood Flooring” or the “Walnut Wood Flooring”. Your request for a classification of these plywood flooring products should include the common and botanical names of the species of wood of each ply. Identify which species is the face ply and which is the other outer ply. When this information is available, you may wish to consider resubmission of your request. The samples submitted will be retained in our office for 60 days pending resubmission of your ruling request. If you decide to resubmit your request, please include a copy of this letter.

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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