CLA-2-44:RR:NC:2:230 G88553

Mr. Reginald Williams
A.N. Deringer, Inc.
48 Customs Loop
Houlton, ME 04730

RE: The tariff classification of contoured cable reel staves from Canada

Dear Mr. Williams:

In your letter dated March 19, 2001, on behalf of Pro-Lumber Inc., you requested a tariff classification ruling.

The ruling was requested on contoured staves which are placed side by side to make the cylindrical center section of cable reels. Cable reels are large spool shaped containers used to hold wire or cables.

Representative samples of the staves in various thicknesses and widths were submitted. The smallest sample measures approximately ¾” thick and 2-1/2” wide; the largest sample measures 1-9/16” thick and 5-3/8” wide. The surfaces of the staves are shaped continuously down the length in a curved pattern. The edges are tapered at an angle continuously down the length. The degree of the curve and the angle of the tapered edge varies depending on the diameter of the cylindrical center of the cable reel to be made. The staves will be made of the following species of wood: spruce, pine, hemlock and aspen.

The applicable subheading for the contoured cable reel staves made of spruce, pine and hemlock will be 4409.10.9040, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for wood continuously shaped along any of its edges or faces, whether or not planed, sanded or finger-jointed, coniferous, other. The rate of duty will be free.

The applicable subheading for the contoured cable reel staves made of aspen will be 4409.20.9000, HTSUSA, which provides for wood continuously shaped along any of its edges or faces, whether or not planed, sanded or finger-jointed, nonconiferous, other. The rate of duty will be free.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the Customs Service.

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 212-637-7009.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division