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NY F88966




December 18, 2000

CLA-2-68:RR:NC:2:226 F88966

CATEGORY: CLASSIFICATION

TARIFF NO.: 6802.92.00, 6802.93.00, 6802.99.00

Ms. Renee Sonn
World Project Services Int’l., Inc.
15215 52nd Avenue South
Suite 18
Seattle, WA 98188

RE: The tariff classification of four stones from Italy and one stone from Brazil

Dear Ms. Sonn:

In your letter dated June 20, 2000, on behalf of Marquez, Inc., DBA Oregon Tile & Marble, you requested a tariff classification ruling regarding five stones. Representative samples were submitted and were sent to our Customs laboratory for analysis.

The first sample, which is identified as “Onix Green”, is a polished, layered, brown and yellow stone that is approximately 2 cm thick. The Customs laboratory has determined that this stone is composed of non-agglomerated other calcareous stone.

The applicable subheading for the non-agglomerated other calcareous stone (Onix Green) will be 6802.92.00, Harmonized Tariff Schedule of the United States (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 rate of duty will remain the same in 2001.

The second sample, which is identified as “Rosa Beta”, is a polished piece of mottled white, grey, beige and black stone with a pink crystal texture. It is approximately 1.0 cm thick. The Customs laboratory has determined that this stone is composed of non-agglomerated granite. The third sample, which is identified as “Giallo Veneziano”, is a polished piece of variegated tan, black and grey stone that is approximately 1.0 cm thick. The Customs laboratory has determined that this stone is composed of non-agglomerated granite.

The applicable subheading for the two non-agglomerated granite stones (Rosa Beta and Giallo Veneziano) will be 6802.93.00, 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 rate of duty will remain the same in 2001.

The fourth sample, which is identified as “Blue Bahia”, is a flat polished piece of mottled white, blue and green stone. It is approximately 1.8 cm thick. The Customs laboratory has determined that this stone is composed of non-agglomerated other stone (sodalite). You indicated that the country of origin of this stone is Brazil.

The last sample, which is identified as “Labrador Antique”, is a polished piece of dark brown stone with a blue speckled texture. It measures approximately 1.0 cm thick. The Customs laboratory has determined that this stone is composed of non-agglomerated other stone (syenite).

The applicable subheading for the two non-agglomerated other stones (Blue Bahia and Labrador Antique) will be 6802.99.00, HTS, which provides for worked monumental or building stone (except slate) and articles thereofother: other stone. The rate of duty will be 6.5 percent ad valorem. The rate of duty will remain the same in 2001.

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.

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 Bunion at 212-637-7074.

Sincerely,

Robert B. Swierupski
Director,

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