CLA-2-44:S:N:N1:230 873651

4407.99.0065

Mr. Nick Pappadis
Dorfair, Inc.
4020 Lavista Circle = 213
Jacksonville, FL 32217

RE: The tariff classification of sawn hardwood from Lithuania

Dear Mr. Pappadis:

In your letter dated April 12, 1992, which was received in our office on April 24, 1992, you requested a tariff classification ruling.

The ruling was requested on various wood products listed as hardwood, plywood and logs. The hardwood, identified as oak, birch and ash, is described as being in three forms: as sliced timber with the bark still on, as sawn wood, and as wood in finished form. The plywood is simply described as being of various thicknesses and plies. The logs are in complete tree form with the bark still on.

The applicable heading for the sawn hardwood will be 4407, Harmonized Tariff Schedule of the United States (HTS), which provides for wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or finger-jointed, of a thickness exceeding 6 mm. The appropriate subheading for the sawn wood depends on the species of the wood and is classifiable as follows: of red oak, in subheading 4407.91.0020, HTS; of other oak, in subheading 4407.91.0060, HTS; of birch, in subheading 4407.99.0050, HTS; of ash, in subheading 4407.99.0050, HTS. The duty rate for all of the above subheadings will be Free.

Your inquiry does not provide enough information for us to give a classification ruling on the sliced hardwood timber with the bark still on, the hardwood in finished form, the plywood and the logs. Your request for a classification ruling should include a description of the hardwood timber including how it was sliced, its dimensions, and how it was finished. Additional information needed for the plywood is whether the thickness of any one ply is over 6 mm, the species of wood by botanical name of both the face and back ply, the dimensions, and whether it has been surface covered and if the surface covering obscures the grain of the wood. Finally, please state the species of wood for the logs.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport