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NY F85824




June 9, 2000

CLA-2-68:RR:NC:2:226 F85824

CATEGORY: CLASSIFICATION

TARIFF NO.: 6802.93.00, 6802.99.00

Mr. Mike Messner
Stone Design Inc.
598 Mitchell Road
Glendale Heights, IL 60139-2582

RE: The tariff classification of five stones from Brazil and Italy

Dear Mr. Messner:

In your letter dated April 5, 2000, you requested a tariff classification ruling. Five representative samples of the items were submitted and were sent to our Customs laboratory for analysis.

The first sample, which is identified as “Uba Tuba Green”, is a polished dark green and black stone that measures approximately 10.0 cm X 7.0 cm X 3.0 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 Brazil

The second sample, which is identified as “Amarillo Reale”, is a piece of mottled beige, grey, off-white and black stone. It has a polished surface and measures approximately 10.0 cm square and 0.7 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 third sample, which is identified as “Bianco Romano”, is a piece of mottled white and grey stone. It has a polished surface and measures approximately 10.0 cm square and 0.8 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 fourth sample, which is identified as “Azul Crystal”, is a polished flat piece of mottled white, grey, and black stone. It measures approximately 10.0 cm square X 0.8 cm thick with a 3/64-inch bevel. 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 applicable subheading for the four non-agglomerated granite stones (Uba Tuba Green, Amarillo Reale, Bianco Romano and Azul Crystal) 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 last sample, which is identified as “Tunas”, is a polished flat piece of mottled greyish green, grey, gold and black stone. It measures approximately 10.0 cm square X 1.0 cm thick with a 3/32-inch bevel. The Customs laboratory has determined that this stone is composed of non-agglomerated other stone. You indicated that the country of origin of this stone is Brazil.

The applicable subheading for the non-agglomerated other stone (Tunas) 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 “GSP”.

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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