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NY F82103




March 9, 2000

CLA-2-68:RR:NC:2:226 F82103

CATEGORY: CLASSIFICATION

TARIFF NO.: 6802.93.00, 6802.92.00, 6802.99.00 Ms. Renee Sonn
World Project Services Int’l., Inc.
15215 52nd Avenue South
Suite #18
Seattle, Washington 98188

RE: The tariff classification of five stones from various countries

Dear Ms. Sonn:

In your letter dated December 28, 1999, on behalf of your client, Marquez, Inc., you requested a tariff classification ruling. Representative samples of the items were submitted and were sent to our Customs laboratory for analysis.

The first sample, which is identified as “Dakota Mahogany”, is a polished piece of red and black stone with a variegated texture. It measures approximately 2.0 cm thick. The Customs laboratory has determined that this stone is composed of non-agglomerated granite. You indicated that the country of origin of this stone is Italy.

The second sample, which is identified as “Giallo San Francisco”, is a piece of cut stone with a mottled yellow, white, brown and black crystal texture. It has a polished surface and measures approximately 1.8 cm thick. The Customs laboratory has determined this stone is composed of non-agglomerated granite. You indicated that the country of origin of this stone is Brazil.

The applicable subheading for the two non-agglomerated granite stones (Dakota Mahogany and Giallo San Francisco) will be 6802.93.00, Harmonized Tariff Schedule of the United States (HTS), which provides for worked monumental or building stone (except slate) and articles thereof: other: granite. The rate of duty will be 3.7 percent ad valorem. The third sample, which is identified as “Nova Gold”, is a beige piece of cut stone with a polished surface. It measures approximately 1 cm thick. The Customs laboratory has determined that this stone is composed of non-agglomerated limestone. You stated that the country of origin of this stone is Portugal.

The applicable subheading for the non-agglomerated limestone will be 6802.92.00, HTS, which provides for worked monumental or building stone (except for slate) and articles thereof, other than goods of heading 6801: other: other calcareous stone. The rate of duty will be 4.9 percent ad valorem.

The fourth sample, which is identified as “Butterfly Green”, is a piece of cut stone with a black and dark green nuance texture. It has a polished surface and measures approximately 2 cm thick. The Customs laboratory has determined that this stone is composed of non-agglomerated other stone. You stated that the country of origin of this stone is Brazil.

The last sample, which is identified as “Azul Imperial”, is a polished piece of blue stone that measures approximately 2 cm thick. The Customs laboratory has determined that this stone is composed of non-agglomerated other stone. You stated that the country of origin of this stone is Spain.

The applicable subheading for the two non-agglomerated other stones (Butterfly Green and Azul Imperial) will be 6802.99.00, HTS, which provides for worked monumental or building stone (except slate) and articles thereof: other: other stone. The rate of duty will be 6.5 percent ad valorem.

Articles classifiable under subheading 6802.93.00 and 6802.99.00, HTS, which are products of Brazil may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" then search for the term

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 Jacob Bunin at 212-637-7074.

Sincerely,

Robert B. Swierupski
Director,

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