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NY 892524




January 12, 1994

CLA-2-25:S:N:N3:226 892524

CATEGORY: CLASSIFICATION

TARIFF NO.: 2529.22.00; 2529.21.00

Ms. Sharon Nemeth
American Custom Brokers
Hemisphere Center, Route 1 and 9 South
Suite 614
Newark, NJ 07114

RE: The tariff classification of fluorspar from China

Dear Ms. Nemeth:

In your letter dated November 17, 1973, on behalf of Power Aisle, you requested a tariff classification ruling regarding a crude, green stone from China. You indicated that this product was fluorspar which would be used as a decorative stone in borders, edging and rock gardens.

The sample submitted with your ruling request was sent to our Customs laboratory for analysis. The laboratory confirmed that the sample consisted of fluorspar.

When the merchandise contains more than 97 percent of calcium fluoride by weight, the applicable subheading for the fluorspar will be 2529.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for fluorspar: containing by weight more than 97 percent of calcium fluoride. The rate of duty will be $2.07 per metric ton.

When the merchandise contains 97 percent or less of calcium fluoride by weight, the applicable subheading for the fluorspar will be 2529.21.0000, HTS, which provides for fluorspar: containing by weight 97 percent or less of calcium fluoride. The rate of duty will be 13.5 percent ad valorem.

In your letter you indicated your opinion that this merchandise should be classified as pebbles, gravel, broken or crushed stone of a kind commonly used for concrete aggregates, for road metalling, or for railway or other ballast, in subheading 2517.10.00, HTS. However, heading 2517 is not applicable for the following reasons.

The product which you intend to import is not the type of stone commonly used for the purposes described in heading 2517 (concrete aggregates, road metalling, railway or other ballast). Rather, it will be used as a decorative stone in borders and rock gardens. Furthermore, the sample which you submitted is not in the form of pebbles, gravel, broken or crushed stone; it is a solid stone. Therefore, this merchandise is properly classifiable in heading 2529, not heading 2517.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

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,

Jean F. Maguire
Area Director

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