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NY N008826

April 24, 2007



TARIFF NO.: 4409.29.0500

Mr. Melvin D. Burkhardt
Mullican Flooring
815 Love Street
Johnson City, TN 37604

RE: The tariff classification of solid hardwood flooring from Brazil or Portugal

Dear Mr. Burkhardt:

In your letter dated March 22, 2007 you requested a tariff classification ruling.

The ruling was requested on Jatoba flooring from Brazil and from Portugal. The flooring is described as solid, with tongued and grooved edges and ends. The edges may also be beveled. The dimensions are stated to be ¾” thick x 3”, 4” or 5” wide x 1’ to 7’ long. The surface is unfinished. The finish will be applied after importation at the job site.

The applicable subheading for the solid Jatoba flooring, described above, will be 4409.29.0500, Harmonized Tariff Schedule of the United States (HTSUS), 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 duty rate will be 3.2 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Articles classifiable under subheading 4409.29.0500, HTSUS, which are products of Brazil may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

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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