The tariff classification of ebony wood from Madagascar

NY L83277 April 4, 2005 CLA-2-44:RR:NC:2:230 L83277 CATEGORY: Classification TARIFF NO.: 4407.99.0091; 4407.99.0096 Mr. Wick Campbell ETB Corporation 20 Southwoods Pkwy, Suite 500 Atlanta, GA 30354 RE: The tariff classification of ebony wood from Madagascar Dear Mr. Campbell: In your letter dated March 1, 2005, on behalf of Hunter Trading Corporation, you requested a tariff classification ruling. The ruling was requested on ebony wood (Diospyros spp.) in sawn sizes of 521 x 70 x 9 mm. You state that the wood is sourced in the sawn sizes stated in Madagascar and is shipped to Germany where it is warehoused and distributed. The wood is exported from Germany. The country of origin remains Madagascar. Ebony (Diospyros spp.) is not one of the tropical woods listed in Subheading Note 1 of Chapter 44, Harmonized Tariff Schedule of the United States. The applicable subheading for sawn 9 mm thick ebony wood will be 4407.99.0091, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), if rough sawn, or 4407.99.0096, HTSUSA, if other than rough sawn. Both subheadings provide for wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm; other nonconiferous. The rate of duty will be free. Importation of this product 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 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 U.S. Customs and Border Protection (CBP) 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 CBP. 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