CLA-2-44:OT:RR:E:NC:2:230

Ms. Misty Gibbins
Pacific Customs Brokers Inc.
P.O. Box 4505
Blaine, WA 98230

RE: The tariff classification of wood chip bisquettes from Canada

Dear Ms. Gibbins:

In your letter dated October 7, 2008, on behalf of Bradley Technologies Canada Inc., you requested a tariff classification ruling.

The ruling was requested on Bradley bisquettes. The bisquettes are cylindrical shapes, similar to a hockey puck, composed of agglomerated wood chippings. The chippings consist of particles about 1/8” to ¼” wide of selected hardwood species, such as maple, cherry, mesquite and oak. The wood particles are mixed with a small amount (.02%) of collagen binder and pressed into shape. No other ingredients are added. The bisquettes are burned to create smoke for flavoring food. The flavor of the smoke is determined by the species of wood. The bisquettes are sold in retail packages of 48, 60 or 120 pieces.

The applicable subheading for the Bradley bisquettes will be 4401.30.4090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Sawdust and wood waste and scrap, whether or not agglomerated in logs, pellets or similar forms: Other (than artificial fire logs): Other (than sawdust not agglomerated or shavings). The rate of duty will be free.

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/.

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
National Commodity Specialist Division