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NY F87038




July 13, 2000

CLA-2-68:RR:NC:2:226 F87038

CATEGORY: CLASSIFICATION

TARIFF NO.: 6802.99.00, 6802.93.00

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 May 11, 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 “Sodalite Blue”, is a polished blue stone that measures approximately 10 cm X 10 cm and 1 cm thick. The Customs laboratory has determined that this stone is composed of non-agglomerated other stone (sodalite).

The second sample, which is identified as “Bahia Brown”, is a polished brown stone that measures approximately 10 cm X 10 cm and 1 cm thick. 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 third sample, which is identified as “Labrador Antique”, is a polished brown stone with iridescent facets. It measures approximately 10 cm X 10 cm and 1 cm thick. The Customs laboratory has determined that this stone is composed of non-agglomerated other stone. The applicable subheading for the three non-agglomerated other stones (Sodalite Blue, Bahia Brown and Labrador Antique) will be 6802.99.00, Harmonized Tariff Schedule of the United States (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 6802.99.00, 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.

The fourth sample, which is identified as “Golden Beach”, is a square piece of mottled yellow, beige and brown stone. It has a polished surface and measures approximately 10 cm X 10 cm and 1 cm thick. The Customs laboratory has determined that this stone is composed of non-agglomerated granite.

The last sample, which is identified as “Baltic Brown”, is a polished brown stone that measures approximately 10 cm X 10 cm and 1 cm thick. The Customs laboratory has determined that this stone is composed of non-agglomerated granite.

The applicable subheading for the two granite stones (Golden Beach and Baltic Brown) will be 6802.93.00, HTS, which provides for worked monumental or building stone (except slate) and articles thereof: other: other: granite. The rate of duty will be 3.7 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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