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NY H81638




June 18, 2001

CLA-2-68:RR:NC:2:226 H81638

CATEGORY: CLASSIFICATION

TARIFF NO.: 6802.91.05, 6802.93.00, 6802.99.00

Mr. Wing K. Wong
Active Lumber Inc.
6119 7th Avenue
Brooklyn, NY 11220

RE: The tariff classification of three stones from China

Dear Mr. Wong:

In your letter received on May 7, 2001, you requested a tariff classification ruling. Three representative samples of the items were submitted and were sent to our Customs laboratory for analysis.

The first sample, which is identified as “A17” – Cream White, is a white stone with brown markings. It measures approximately 12 cm X 8 cm and 2 cm in thickness. Although you stated in your letter that this stone is composed of granite, our Customs laboratory has determined that this stone is composed of marble.

The applicable subheading for the marble product is 6802.91.05, 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: marble: slabs. The rate of duty will be 2.5 percent ad valorem.

The second sample, which is identified as “A19” – Sesame White, is a grey stone with black and brown markings. It measures approximately 8 cm X 11.9 cm and 1.9 cm in thickness. Our Customs laboratory has determined that this stone is composed of granite.

The applicable subheading for the granite product is 6802.93.00, HTS, which provides for worked monumental or building stone (except slate) and articles thereofother: granite. The rate of duty will be 3.7 percent ad valorem.

The third sample, which is identified as “A20” – Black Galaxy, is a grey stone with white flecks. One side has a polished surface that gives the appearance of being black with white and purple flecks. It measures approximately 7.9 cm X 10 cm and 2 cm in thickness. Although you indicated that this stone is composed of granite, our Customs laboratory has determined that this item is composed of non-calcareous other stone.

The applicable subheading for the other stone product 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.

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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