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NY K85488




July 30, 2004
CLA-2-68:RR:NC:1:126 K85488

CATEGORY: CLASSIFICATION

TARIFF NO.: 6802.93.00, 6802.99.00

Mr. Richard Howard
Architectural Granite & Marble, Inc.
13652 Hwy. 71 West
Austin, Texas 78738

RE: The tariff classification of five stones from Brazil

Dear Mr. Howard:

In your letter dated May 17, 2004, you requested a tariff classification ruling. Five representative samples were submitted and were sent to our Customs laboratory for analysis.

The first sample, which is identified as “San Gabriel Black”, is a mottled black stone with a crystal texture and a polished surface. It measures approximately 30.5 cm square and 10.1 mm in thickness. It has a 1.6 mm bevel on all sides. Our Customs laboratory has determined that this sample is composed of non-agglomerated other stone (gabbro).

The second sample, which is identified as “Uba Tuba”, is a mottled dark green, black and gray stone with a crystal texture and polished surface. It measures approximately 30.45 cm square and 10.15 mm in thickness. It has a 1.8 mm bevel on all sides. Our Customs laboratory has determined that this sample is composed of non-agglomerated other stone (syenite).

The third sample, which is identified as “Santa Cecilia Light”, is a mottled beige, cream, black and gray stone with a crystal texture and a polished surface. It measures approximately 30.45 cm square and 10.15 mm in thickness. It has a 1.8 mm bevel on all sides. Our Customs laboratory has determined that this sample is composed of non-agglomerated other stone.

The applicable subheading for “San Gabriel Black”, “Uba Tuba” and “Santa Cecilia Light” will be 6802.99.00, Harmonized Tariff Schedule of the United States (HTS), which provides for worked monumental or building stone (except slate) and articles thereofother: other: other stone. The rate of duty will be 6.5 percent ad valorem.

The fourth sample, which is described as “Giallo Antico”, is a mottled, brown, beige, cream and black stone with a polished surface. It measures approximately 30.5 cm square and 10 mm in thickness. It has a 1.8 mm bevel on all sides. Our Customs laboratory has determined that this sample is composed of non-agglomerated granite.

The fifth sample, which is described as “Verde Butterfly”, is a mottled dark green, black and gray stone with a crystal texture and a polished surface. It measures approximately 30.5 cm square and 10.1 mm in thickness. It has 1.8 mm bevel on all sides. Our Customs laboratory has determined that this sample is composed of non-agglomerated granite.

The applicable subheading for “Giallo Antico” and “Verde Butterfly” will be 6803.93.00, 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.

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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