N267297 N2 Ruling Active

The tariff classification of a veneered panel flooring from China

Issued September 1, 2015 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 4412.99.5105

Headings: 4412

GRI rules applied: GRI 1

Product description

The sample will be retained for future reference. The sample is a wood flooring panel measuring approximately 1210mm (L) x 162mm (w) x 14mm thick. The panel is tongued and grooved on all edges and ends. The panel is constructed of two wood layers: a 2mm-thick Birch wood veneer and a 12mm-thick base of either birch or poplar wood. The base layer is constructed of multiple Birch or Poplar lumber fingers, the grains of which run perpendicular to that of the face and back plies; two wood stiles that form the edges of the panel, the grains of which run parallel to that of the face and back plies; and two wood rails that form the ends of the panel, the grain of which runs perpendicular to that of the face and back plies. The pieces are arranged in a ladder-like pattern and assembled by means of tongue and groove joinery. The result is a product with the strength of a plywood construction, but with a two-ply construction. The panel meets the definition of a “veneered panel” as set forth in the Explanatory Notes (ENs) to the Harmonized Tariff Schedule of the United States (HTSUS) for heading 4412: “Veneered panels…are panels consisting of a thin veneer of wood affixed to a base, usually of inferior wood, by gluing under pressure.” Therefore, in accordance with General Rule of Interpretation 1, the products will be classified in heading 4412, which specifically provides for veneered panels.

CBP rationale

The applicable subheading for the veneered flooring panel will be 4412.99.5105, HTSUS, which provides for Plywood, veneered panels and similar laminated wood: Other (than plywood consisting solely of sheets of wood under 6 mm in thickness): Other (than blockboard, laminboard and battenboard): With at least one outer ply of nonconiferous wood: Other (than with at least one layer of particle board): Other (than plywood).

Full text

N267297 September 1, 2015 CLA-2-44:OT:RR:NC:2:230 CATEGORY: Classification TARIFF NO.: 4412.99.5105 Mr. Bin Liu CFS Corporation 3371 Martin Farm Road Suwanee, GA 30024 RE: The tariff classification of a veneered panel flooring from China Dear Mr. Liu: In your letter dated July 30, 2015, you requested a tariff classification ruling. The ruling was requested on a veneered flooring panel. One representative sample was submitted for our review. The sample will be retained for future reference. The sample is a wood flooring panel measuring approximately 1210mm (L) x 162mm (w) x 14mm thick. The panel is tongued and grooved on all edges and ends. The panel is constructed of two wood layers: a 2mm-thick Birch wood veneer and a 12mm-thick base of either birch or poplar wood. The base layer is constructed of multiple Birch or Poplar lumber fingers, the grains of which run perpendicular to that of the face and back plies; two wood stiles that form the edges of the panel, the grains of which run parallel to that of the face and back plies; and two wood rails that form the ends of the panel, the grain of which runs perpendicular to that of the face and back plies. The pieces are arranged in a ladder-like pattern and assembled by means of tongue and groove joinery. The result is a product with the strength of a plywood construction, but with a two-ply construction. The panel meets the definition of a “veneered panel” as set forth in the Explanatory Notes (ENs) to the Harmonized Tariff Schedule of the United States (HTSUS) for heading 4412: “Veneered panels…are panels consisting of a thin veneer of wood affixed to a base, usually of inferior wood, by gluing under pressure.” Therefore, in accordance with General Rule of Interpretation 1, the products will be classified in heading 4412, which specifically provides for veneered panels. The applicable subheading for the veneered flooring panel will be 4412.99.5105, HTSUS, which provides for Plywood, veneered panels and similar laminated wood: Other (than plywood consisting solely of sheets of wood under 6 mm in thickness): Other (than blockboard, laminboard and battenboard): With at least one outer ply of nonconiferous wood: Other (than with at least one layer of particle board): Other (than plywood). The rate of duty will be free. 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 Laurel Duvall at [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division

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