Classification of drilled lumber sent to Canada to be microincised and pressure treated with a preservative

Active· CBP ruling HQ 083732· Issued 1989-05-01

Ruling
HQ 083732
Issued
Status
Active
Category
Classification
HS prefixes
4418.90
Tariff numbers
4418.90.40

Ruling text

HQ 083732

                                     May 1, 1989

          CLA-2 CO:R:C:G 083732 JLJ, 836100

          CATEGORY: Classification

          TARIFF NO.: 4418.90.40

          Mr. Stan Reimer, General Manager N.W.
          Bellingham Marine Industries, Inc.
          C and Maple Streets
          P.O. Box B
          Bellingham, Washington 98227

          RE: Classification of drilled lumber sent to Canada
              to be microincised and pressure treated with a
              preservative

          Dear Mr. Reimer:

               You requested a tariff classification under the Harmonized
          Tariff Schedule of the United States Annotated (HTSUSA) for
          United States drilled lumber which is shipped to Canada to be
          microincised and pressure treated with a preservative, then
          imported into the United States.

          FACTS:

               You state that Bellingham Marine Industries Inc., has sent
          its United States cut and drilled Douglas fir (i.e., softwood)
          lumber to Western Wood Preservers, Ltd., in British Columbia,
          Canada, for treatment for more than three years.  Under the
          Tariff Schedules of the United States (TSUS), the lumber was
          imported into the United States under the tariff provision for
          lumber and wood siding, drilled or treated: softwood lumber and
          siding, drilled, or pressure treated with wood creosote or other
          wood preservative, or both, but not otherwise treated, in item
          202.52, TSUS, which was a duty-free provision.  We note that item
          202.52, TSUS, specifically provided for drilled softwood lumber
          which had been pressure treated with a wood preservative.

               Under the HTSUSA, you have been advised by a Customs import
          specialist that the returning pressure treated lumber is subject
          to duty under the provision for builders' joinery and carpentry
          of wood, other, other, in subheading 4418.90.40, HTSUSA, which
          carries a 5.1 percent ad valorem general duty rate.  You believe
          that this subheading is incorrect because merchandise classified















                                         -2-


          accordingly is subject to duty, while the instant lumber was
          duty-free under the TSUS.  You ask that Customs reconsider this
          advice.

               The exact details of the finishing of the lumber are as
          follows:

                   1.  United States softwood lumber cut to dimensional
                       stock sizes and drilled with as many as 6 holes per
                       piece are sent from Bellingham Marine Industries
                       (BMI) in Washington state to Western Wood
                       Preservers, Ltd. (WWP), in British Columbia, Canada.

                   2.  In Canada, WWP microincises and pressure treats the
                       lumber with chromated copper arsenate (CCA), a water
                       borne preservative purchased from a United States
                       firm.

                   3.  Once the lumber has been treated, it is exported to
                       the United States.

          Once back in the United States, BMI uses the drilled and pressure
          treated lumber for making flotation units and docks for marinas.
          (WWP advises us that the end use of the instant lumber is such
          that the drilling and cutting to dimensional stock size must be
          done before the pressure treatment with CCA.  The drilled holes
          are used for fasteners, such as bolts and pins, necessary to
          assemble the docks.)

          ISSUE:

               What is the tariff classification of such drilled and
          treated lumber under the HTSUSA?

          LAW AND ANALYSIS:

               You argue that subheading 4418.90.40, HTSUSA, is not
          applicable to the drilled lumber in question because it results
          in the merchandise being subject to duty.  You believe that this
          is an inequitable result, particularly since the United States-
          Canada Free Trade Agreement (CFTA) was intended to lower and
          eliminate duty rates between the two countries and since the CFTA
          was inaugurated at the same time as the HTSUSA.

               Heading 4418, HTSUSA, reads as follows:

               Builders' joinery and carpentry of wood, including cellular
               wood panels and assembled parquet panels; shingles and
               shakes.












                                         -3-


               The Explanatory Notes, HTSUSA, for Heading 4418 state that:

                   This heading applies to woodwork, including that of wood
                   marquetry or inlaid wood, used in the construction of
                   any kind of building, etc., in the form of assembled
                   goods or as recognizable unassembled pieces (e.g.,
                   prepared with tenons, mortises, dovetails or other
                   similar joints for assembly), whether or not with their
                   metal fittings such as hinges, locks, etc.

                   The term..."carpentry" refers to woodwork (such as
                   beams, rafters and roofstruts) used for structural
                   purposes...

          Inasmuch as the instant drilled, treated lumber is used for
          structural purposes in the construction of flotation units and
          docks for marinas and fits within Heading 4418, it must be
          classified accordingly.  Since the instant lumber does not fit
          within any of the eo nomine subheading in Heading 4418 and is not
          edge-glued lumber, it is classified as builders' joinery and
          carpentry of wood, other, other, in subheading 4418.90.40,
          HTSUSA.

               We note that another letter concerning the instant lumber,
          from Mr. Robert L. Wenman, a member of the Canadian Parliament,
          raises two other possible HTSUSA classifications, in Heading 4403
          or Heading 4407, HTSUSA.  Heading 4403 provides for wood in the
          rough, whether or not stripped of bark or sapwood, or roughly
          squared; it covers wood in the rough prior to being made into
          lumber, e.g., timber, poles and logs.  The Explanatory Notes to
          Heading 4403 state that this heading excludes wood cut in the
          form of planks, beams, etc., which are covered in either Heading
          4407 or 4418, depending upon what has been done to the wood.
          Heading 4407 covers wood sawn or chipped lenghwise, sliced or
          peeled, whether or not planed, sanded, or finger-jointed, of a
          thickness exceeding 6 millimeters.  The Explanatory Notes to
          Heading 4407 indicate that this heading covers such products as
          sawn beams, planks, flitches and boards.  Wood classified in
          Heading 4407 may only be planed, sanded or finger-jointed; it may
          not be further processed.  Again, the Explanatory Notes to
          Heading 4407 specifically state that the heading excludes
          builders' joinery and carpentry, which is classified in Heading
          4418.

               Mr. Wenman also argues that subheading 9802.00.40, HTSUSA,
          may be applicable to the instant lumber.  Subheading 9802.00.40
          provides for articles exported for repairs or alterations; it is
          the successor of item 806.20, TSUS, with identical language.













                                         -4-


               Concerning the application of item 806.20, TSUS, it has been
          held that the operations performed on the articles must not
          constitute a part of the total manufacturing process begun in the
          United States.  Dolliff & Company, Inc. v. United States, 66 CCPA
          77, C.A.D. 1225 (1979).

               Lumber which is specifically intended for exterior
          construction, ground contact areas or marine use is not a
          finished product until it has been further manufactured by being
          pressure treated with a wood preservative.

               The instant lumber exported to Canada is not a finished
          product ready for its intended use.  The microincising and
          pressure treatment of the lumber in Canada constitutes a part of
          the manufacturing process begun in the United States.

               The Canadian finishing operations exceed the scope of the
          term "repairs or alterations" under item 806.20, TSUS, and hence
          under subheading 9802.00.40, HTSUSA.  Guardian Industries
          Corporation v. United States, 3 CIT 9, Slip Op. 82-4 (1982).
          Therefore the drilled and pressure treated lumber is not entitled
          to the benefits of this provision.

               Goods classified in subheading 4418.90.40, HTSUSA, which
          originate in Canada are entitled to a 4.5 percent ad valorem rate
          of duty under the CFTA upon compliance with all applicable
          regulations.

          HOLDING:

               The instant drilled, treated lumber is classified as other
          carpentry in subheading 4418.90.40, HTSUSA.

                                         Sincerely,




                                         John Durant, Director
                                         Commercial Rulings Division





















          6cc: A.D. N.Y. Seaport (NIS-234)
          Johnson library
          name: 083732JLJ

Source: rulings.cbp.gov — ruling 083732, retrieved 2026-10-12T05:18:21Z, republished verbatim. This digest is informational; only CBP issues binding rulings.

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