CLA-2-44:OT:RR:NC:2:230
Ms.Julie Blacutt
Monarca Coffee-Wood
7-B Corporate Center Court
Greensboro, NC 27408
RE: The tariff classification of coffee wood (Coffea Arabica) lumber from Colombia
Dear Ms.Blacutt:
In your letter dated October 28, 2009 you requested a tariff classification ruling.
The ruling was requested on rough sawn coffee wood (Coffea Arabica) lumber to be manufactured in the U.S. into solid or engineered flooring. A photograph of the product to be imported was submitted. In the condition as imported, the merchandise consists of strips of rough sawn coffee wood (Coffea Arabica) lumber, 35mm x 35mm x 500mm long. The coffee wood is rough milled with square cross-section, kiln dried, and end treated with wax paint for moisture control. No further work is done to the wood prior to importation into the United States. The lumber is shipped on pallets measuring 43” x 42” x 84” long.
The applicable subheading for the coffee wood (Coffea Arabica) will be 4407.99.0193, Harmonized Tariff Schedule of the United States (HTSUS), which provides for wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm: other: other: other nonconiferous. The rate of duty will be free.
Importation of the coffee wood (Coffea Arabica) lumber may be subject to import regulations administered by the U.S. Department of Agriculture (U.S.D.A.). Information regarding applicable regulations administered by the U.S.D.A. may be addressed to that agency at the following location:
U.S. Department of Agriculture
A.P.H.I.S., PPQ
4700 River Road, Unit 136
Riverdale, MD 20737
Telephone number: 877-770-5990
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 4407 are listed in the subject Federal Register Notice. You are advised, in regard to obtaining specific information, to contact the aforementioned agency at the location indicated above.
The pallets used for the importation of the coffee wood (Coffea Arabica) lumber in question are subject to the United States Department of Agriculture’s (USDA) Animal and Plant health Inspection Service (APHIS) import regulation for wood packaging material (WPM). Further information on this regulation can be found on the WWW.cbp.gov WPM pages including the frequently asked questions (FAQ) section.
http://www.cbp.gov/xp/cgov/trade/trade_programs/agriculture/wpm/.
You may also contact USDA at 1-877-770-5990 for further information on the requirements of the regulation.
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