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NY K89845




October 21, 2004

CLA-2-68:RR:NC:1:126 K89845

CATEGORY: CLASSIFICATION

TARIFF NO.: 6810.19.1400

Ms. M. Susan Lyons
Pier 1 Imports, Inc.
Attn: Import Compliance
P.O. Box 961020
Fort Worth, TX 76161

RE: The tariff classification of a cement floor tile from Thailand

Dear Ms. Lyons:

In your letter dated September 23, 2004, you requested a tariff classification ruling. A representative sample and photographs of the items you wish to import were submitted with your ruling request. The sample is being returned to you.

The submitted sample, which you refer to as “Teramo Stepping Stone” – Sku #2048661, is a floor tile consisting largely of cement as well as some stone and slate. The dimensions are 12 inches by 12 inches.

The applicable subheading for the cement floor tile will be 6810.19.1400, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of cement, of concrete or of artificial stone, whether or not reinforced: tiles, flagstones, bricks and similar articles: other: floor and wall tiles: other. The rate of duty will be 9 percent ad valorem.

Articles classifiable under subheading 6810.19.1400, HTS, which are products of Thailand, 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 our Web site at www.cbp.gov and 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.

In order to issue a ruling on “Teramo Door Mat” - Sku #2048659 and “Teramo Wall Planter” - Sku #2048830, we need the following additional information. Please submit the additional information indicated below.

Please provide the dimensions of each article as well as a photograph of the underside of each article.

For each article, please indicate where each component - wrought iron, pebbles and slate - is located within the product. Identify the precise portion of each product that contains each component. Are the cement and pebbles uniformly agglomerated together or are these components located in separate portions of each article?

When this information is available, you may wish to consider resubmission of your request.

If you resubmit the request for “Teramo Door Mat” - Sku #2048659 and “Teramo Wall Planter” - Sku #2048830, please resubmit a copy of your original letter and attachments, along with the additional information requested in this notice.

Please mail your request to U.S. Customs and Border Protection, One Penn Plaza, 10th Floor, Customs Information Exchange, attention: Binding Rulings Section.

If you have any questions regarding the above, contact National Import Specialist Jacob Bunin at 646-733-3027.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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