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NY F84822




May 18, 2000

CLA-2-68:RR:NC:2:226 F84822

CATEGORY: CLASSIFICATION

TARIFF NO.: 6802.91.05; 6802.92.00

Ms. Silvia Perez
M.G. Maher & Co., Inc.
One Canal Place
Suite 2100
New Orleans, LA 70130

RE: The tariff classification of five stones from various countries

Dear Ms. Perez:

In your letter dated March 16, 2000, on behalf of your client, A S I Stone Importers, Inc., you requested a tariff classification ruling. Representative samples of the items were submitted and were sent to our Customs laboratory for analysis.

You indicated in your letter that the stones will be produced in Italy, Portugal, Spain and other countries.

The first sample, which is identified as “Carrara Marble”, is a translucent white stone that measures approximately 14.7 cm X 9.8 cm X 2.0 cm thick and has no bevel. The Customs laboratory has determined that this stone is composed of non-agglomerated marble.

The applicable subheading for the non-agglomerated marble stone will be 6802.91.05, Harmonized Tariff Schedule of the United States (HTS), which provides for worked monumental or building stone (except slate) and articles thereofother: marble: slabs. The rate of duty will be 2.5 percent ad valorem.

The second sample, which is identified as “Rose Tea”, is a polished pink stone that measures approximately 10 cm X 15 cm X 1 cm thick. The Customs laboratory has determined that this stone is composed of non-agglomerated limestone (other calcareous stone). The third sample, which is identified as “Marron Braun”, is a piece of brown stone. It has a polished surface and measures approximately 10 cm X 14.5 cm X 2.0 cm thick. The Customs laboratory has determined that this stone is composed of non-agglomerated limestone (other calcareous stone).

The fourth sample, which is identified as “Branco Rosal”, is a smooth unpolished beige stone that measures approximately 10 cm X 15 cm X 1 cm thick. The Customs laboratory has determined that this stone is composed of non-agglomerated limestone (other calcareous stone).

The last sample, which is identified as “Breccia Pernice”, is a polished reddish-brown stone that measures approximately 15.3 cm X 15.5 cm X 1.9 cm thick. The Customs laboratory has determined that this stone is composed of other calcareous stone.

The applicable subheading for other calcareous stones (Rose Tea, Marron Braun, Branco Rosal and Breccia Pernice) 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.

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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