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NY I83320




September 19, 2002

CLA-2-25:RR:NC:2:226 I83320

CATEGORY: CLASSIFICATION

TARIFF NO.: 2515.20.0000, 2516.21.0000

Ms. Gayle E. Meagher
Charles M.Schayer & Co.
3839 Newport Street
Denver, CO 80207

RE: The tariff classification of five stones from Indonesia

Dear Ms. Meagher:

In your letter dated May 24, 2002, on behalf of your client, Universal Supply Co., Inc., you requested a tariff classification ruling. Five representative samples were submitted and were sent to our Customs laboratory for analysis.

You indicated in your letter that you wish to import various types of natural stones with each type of stone packaged and shipped in 10 kg. and 20 kg. plastic bags. You stated that all the stones are in their natural state and are not worked in any way.

The first sample, which is identified as “Volcanic Tuff” - Caribbean Pink, is a pink unpolished stone. Our laboratory has determined that this item is composed of natural limestone (other calcareous stone) and measures approximately 5.5 cm along its base and approximately 4.5 cm from the base to the apex.

The second sample, which is identified as “Marble” - Kuta White Flat, is a white stone. Our laboratory has determined that this item is composed of limestone (a calcareous stone). The base measures approximately 4 cm in length and approximately 3 cm in height.

The third sample, which is identified as “Marble” - Yucatan Brown Flat, is a pink and white stone. Our laboratory has determined that this article is composed of limestone (a calcareous stone) and measures approximately 5 cm across and 1 cm in thickness.

The fourth sample, which is identified as “Quartzite” – White Timor, is a white, flat stone. Our laboratory has determined that this article is composed of limestone (a calcareous stone) and measures approximately 4 cm x 3 cm x 0.5 cm in thickness.

The applicable subheading for these four items will be 2515.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other calcareous stone. The duty rate will be 3 percent ad valorem.

Articles classifiable under subheading 2515.20.0000, HTS, which are products of Indonesia, are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, 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" and then search for the term "GSP".

The last sample, which is identified as “Volcanic Tuff” – Taipei Green, is a green stone with parallel beige or yellow stripes. Our laboratory has determined that this item is composed of sandstone and measures approximately 5 cm x 3 cm x 1.5 cm in thickness.

The applicable subheading for this item (Volcanic Tuff) will be 2516.21.0000, HTS, which provides for sandstone: crude or roughly cut. The rate of duty will be free.

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 646-733-3027.

Sincerely,

Robert B. Swierupski
Director,

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