CLA-2 CO:R:C:T 950606 HP
Mr. Carl D. Cammarata
Law Offices of George R. Tuttle
Three Embarcadero Center, Suite 1160
San Francisco, CA 94111
RE: HRL 089315 affirmed. Wood; container flooring; plywood;
panel; character
Dear Mr. Cammarata:
This is in reply to your letter of October 2, 1991. That
letter concerned the tariff classification, under the Harmonized
Tariff Schedule of the United States Annotated (HTSUSA), of
container flooring, produced in South Korea, Malaysia, Indonesia,
and China. Please reference your client ITEL Containers
International Corporation.
FACTS:
The merchandise at issue consists of "sets" of plywood
panels made from keruing, a nonconiferous wood (scientific name:
Dipterocarpus spp.). The panels are made from nineteen veneer
plies, each less than 6 mm thick, laminated together with a
marine type adhesive. A "set" consists of three pair of panels.
One pair measures 1,916 mm by 1,127 mm; the second, 2,050 mm by
1,127 mm; and the third, 1,480 mm by 1,127 mm. Each panel has a
cut 37 mm wide by 6 mm deep along each edge. In addition, 1/4
inch chamfers have been cut into the corners along the bottom
edges and ends of the panels. The flooring panels are used for
cargo containers and will be imported from South Korea, Malaysia,
Indonesia, and China.
In HRL 089315 of September 17, 1991, we classified this
merchandise under heading 4412, HTSUSA, as plywood. You
disagree, stating that classification as wood flooring under
heading 4409 is appropriate.
ISSUE:
Whether the container flooring panels are classifiable as
wood or plywood under the HTSUSA?
LAW AND ANALYSIS:
Heading 4409, HTSUSA, provides for wood continuously shaped
along any of its faces or edges. Heading 4412, HTSUSA, when read
in conjunction with Note 4 to Chapter 44, HTSUSA, provides for,
inter alia, plywood worked to form the shapes provided for in
heading 4409, so long as such working does not give these
products the character of articles of heading 4409. In HRL
089315, we concluded that wood is classified in heading 4409, and
plywood is classified in heading 4412; therefore, plywood
products, no matter how worked, could never assume the
character of wood products. You now argue that there is no
support for such a "rigid" dichotomy. You state that heading
4409 is intended to be an "invasive" heading: to wit, that
plywood further worked to become the type of flooring provided
for in heading 4409 (if wood) must nevertheless be taken out of
heading 4412 and classified in heading 4409.
We disagree. Augmenting the rationale in HRL 089315, the
subheading Explanatory Note to subheadings 4412.11, 4412.12, and
4412.19 states dispositively that
[p]lywood remains classified in these
subheadings even if it has been surface-
covered or further worked as described in the
penultimate paragraph of the Explanatory Note
to heading 44.12 [(the character
language)].
HRL 089315 was decided correctly on the basis of the tariff
headings and the relevant legal notes, and is hereby affirmed.
HOLDING:
As a result of the foregoing, the instant merchandise is
classified under subheading 4412.12.2060, HTSUSA, as plywood,
veneered panels and similar laminated wood, plywood consisting
solely of sheets of wood, each ply not exceeding 6 mm in
thickness, not surface covered, or surface covered with a clear
transparent material which does not obscure the grain, texture or
markings of the face ply, other, other, not surface covered. The
applicable rate of duty is 8 percent ad valorem.
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,
John Durant, Director
Commercial Rulings Division