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NY I83321




September 19, 2002

CLA-2-68:RR:NC:2:226 I83321

CATEGORY: CLASSIFICATION

TARIFF NO.: 6802.92.00, 6802.99.00

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

You stated in your letter that you wish to import various stones. Each type of stone will be sorted, gauged and glued to a scrim mat. Five representative samples of these stones on scrim mats were submitted and were sent to our Customs laboratory for analysis.

The first sample, which is identified as “Volcanic Ash” - Caribbean Pink, consists of six pink stones affixed to a 9 cm x 9 cm mesh backing. The stones vary in size from approximately 3 cm x 2.5 cm to approximately 4 cm x 6 cm. Our laboratory has determined that these stones are composed of limestone (a calcareous stone).

The second sample, which is identified as “Marble” - Kuta White Flat, consists of sixteen gray and pink stones of varying shapes. The stones are affixed to a 9 cm x 9 cm mesh backing. Our laboratory has determined that these stones are composed of limestone (a calcareous stone). The stones are approximately 1 cm thick.

The third sample, which is identified as “Marble” - Yucatan Brown Flat, consists of eight pink and white stones affixed to a 9 cm x 9 cm mesh backing. Our laboratory has determined that these stones are composed of limestone (a calcareous stone). The stones vary in size and are approximately 1 cm thick.

The fourth sample, which is identified as “Quartzite” - White Timor, consists of fourteen white, flat, unpolished stones affixed to a mesh mat. These stones vary in size from approximately 2.5 cm to approximately 3.5 cm. Our laboratory has determined that these stones consist of other calcareous stone of sedimentary origin.

The applicable subheading for these four products 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 last sample, which is identified as “Volcanic Tuff” – Taipei Green, consists of six green stones affixed to a 9 cm x 9 cm mesh backing. The stones vary in size from approximately 6 cm x 3 cm to approximately 2 cm x 2.5 cm. Our laboratory has determined that these stones consist of sandstone of sedimentary origin.

The applicable subheading for this item (VolcanicTuff), will be 6802.99.00, HTS, which provides for worked monumental or building stone (except for slate) and articles thereof other than goods of heading 6801: other: other stone. The rate of duty will be 6.5 percent ad valorem.

Articles classifiable under subheading 6802.92.00, HTS, and subheading 6802.99.00, 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".

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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