CLA-2-44:RR:NC:2:230 B83844

Mr. Dave Walser
Arthur J. Humphreys Div.
Border Brokerage Co., Inc.
P.O. Box 249
Sumas, WA 98295

RE: The tariff classification of grooved lumber for dunnage from Canada; U.S./Canadian Softwood Lumber Agreement

Dear Mr. Walser:

In your letter dated March 24, 1997, on behalf of the exporter, Tolko Industries Ltd., you requested a tariff classification ruling.

The ruling was requested on grooved 2x4 SPF lumber for dunnage. The softwood lumber will be imported in lengths of 40 inches and 43 inches with square cut ends. A groove 1 inch wide and .25 inch deep runs down the face of the board.

The applicable tariff provision for the grooved lumber will be 4409.10.9040, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for wood continuously shaped (tongued, grooved, rebated, chamfered, V-jointed, beaded, molded, rounded or the like) along any of its edges or faces, whether or not planed, sanded or finger-jointed; coniferous; other. The general rate of duty will be Free.

Articles classifiable under 4409.10.9040, HTSUSA, which are products of Canada are subject to entry requirements based on the U.S./Canadian Softwood Lumber Agreement of 1996. All invoices of such articles must be annotated with the Canadian province of manufacture. If manufactured in Ontario, Quebec, British Columbia or Alberta, a permit is required.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 212-466-5779.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch
National Commodity
Specialist Division