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NY G81550




January 24, 2001

CLA-2-68:RR:NC:2:226 G81550

CATEGORY: CLASSIFICATION

TARIFF NO.: 6802.22.00, 6802.92.00

Mr. Joseph R. Hoffacker
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of four limestone slabs from Spain

Dear Mr. Hoffacker:

In your letter dated August 14, 2000, on behalf of your client, Ibero-America Tile Company, you requested a tariff classification ruling. Samples of the stones from which these slabs were made were submitted and sent to our Customs laboratory for analysis.

You indicated in your letter that the four limestone slabs will be imported in the following sizes: 60 cm x 40 cm x 2 cm in thickness, 60 cm x 30 cm x 2 cm in thickness and 40 cm x 40 cm x 2 cm in thickness.

The first sample, which is identified as “Golden Oasis” (Yellow), is a smooth unpolished yellowish stone.

The second sample, which is identified as “Golden Oasis” (Blue), is a smooth unpolished grey-yellow stone.

The third sample, which is identified as “Caliza Marbella”, is a smooth unpolished cream colored stone.

An analysis of the three stones taken by our Customs laboratory indicates that the three stones are composed of non-agglomerated other calcareous stone (limestone). Lab analysis indicates that the items were cut and smoothed but not polished. The applicable subheading for the three unpolished non-agglomerated other calcareous stones (limestone) will be 6802.22.00, 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 monumental or building stone and articles thereof, simply cut or sawn, with a flat or even surface: other calcareous stone. The rate of duty will be 4.9 percent ad valorem.

The last sample, which is identified as “Caliza Capri”, is a polished off-white stone. An analysis of this stone taken by our Customs laboratory indicates that this stone is composed of non-agglomerated other calcareous stone (limestone).

The applicable subheading for the polished non-agglomerated other calcareous stone (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.

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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