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

Mr. John B. Troendle
Crescent Hardwood Supply
1101 Sams Ave.
Harahan, LA 70123

RE: The tariff classification of multilayer wood flooring from China

Dear Mr. Troendle:

In your letter dated May 17, 2009 you requested a tariff classification ruling.

The ruling was requested on engineered wood flooring with various species of face plies. Descriptive literature was submitted, which identifies the flooring as the “French Quarter Plank” series from the “Crescent Hardwood Collection.”

The flooring measures 20 mm thick x 180 mm and 189 mm wide x 2.2 m long. It is constructed of multiple layers of wood with a 5 mm thick face ply. The face is laminated to a 15 mm thick veneer core plywood. The face ply consists of one of the following species: White Oak, Sapele, Jatoba, Tigerwood or Sucupira. The laminated plank is tongued and grooved on the edges and surface finished with a UV cured aluminum oxide coating.

The applicable subheading for the engineered plywood flooring with a 5 mm thick face ply, described above, will be 4418.72.9500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Builders’ joinery and carpentry of wood,: Assembled flooring panels: Other, multilayer: Other (than having a face ply more than 6 mm in thickness): Other (than of unidirectional bamboo). The rate of duty will be 8 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/.

The Lacey Act (16 U.S.C. 3371) (”Act”) was amended by the Food, Conservation, and Energy Act of 2008. The amendments to the Act introduced, among other things, the requirement for an import declaration for plants and plant products entering the United States. A list of products and the associated Chapter or Heading of the Harmonized Tariff Schedule of the United States, which require a Plant Product Declaration Form (PPQ 505), was part of the notice published in the Federal Register by the U.S. Department of Agriculture, Animal and Plant Health Inspection Service (74 Fed. Reg. 5911). Products of heading 4418 are listed in the subject Federal Register Notice. You are advised, in regard to obtaining specific information, to contact the aforementioned agency at the following location: U.S. Department of Agriculture APHIS 4700 River Road Riverdale, MD 20737-1236 Telephone number: 877-770-5990

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