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NY L84686




August 19, 2005

CLA-2-68:RR:NC1:126: L84686

CATEGORY: CLASSIFICATION

TARIFF NO.: 6802.99.00; 6802.93.00

Ms. Glenda Valdez
MS International, Inc.
2095 N. Batavia
Orange, Ca. 92865

RE: The tariff classification of stone from India

Dear Ms. Valdez:

In your letter, dated May 3, 2005, you requested a tariff classification ruling regarding four stone tiles from India – Desert Rose, Tropical Green, Autumn Harmony, Tan Brown and Kashmir Gold.

You stated that each tile measures 12 inches by 12 inches and is three eighths of an inch thick.

Samples of the stones were submitted with your ruling request.

The samples were sent to our Customs laboratory for analysis. The laboratory has now completed its analysis of these stones.

The Desert Rose is a polished, flat tile. Its color is a mottled pink, gray and black. Laboratory analysis indicates that this product consists of gneiss.

The Tropical Green is a polished, flat tile. Its color is a mottled greenish gray, black and red. Laboratory analysis indicates that this product consists of gneiss.

The Autumn Harmony is a polished flat tile. Its color is a mottled brown, light brown, cream, white and black. Our laboratory has determined that this product consists of other stone.

The applicable subheading for the Desert Rose, Tropical Green and Autumn Harmony stone tiles will be 6802.99.00, Harmonized Tariff Schedule of the United States (HTS), which provides for worked monumental or building stoneother: other stone. The rate of duty will be 6.5 percent ad valorem.

Articles classifiable under subheading 6802.99.00, HTS, which are products of India, 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".

The Tan Brown is a polished, flat tile. Its color is a mottled dark brown, light reddish brown and white. Our laboratory has determined that this product consists of granite.

The Kashmir Gold is a polished, flat tile. Its color is a mottled cream, gray, gold and black with red spots. Our laboratory has determined that this product consists of granite.

The applicable subheading for the Tan Brown and Kashmir Gold tiles will be 6802.93.00, Harmonized Tariff Schedule of the United States (HTS), which provides for worked monumental or building stoneother: granite. The rate of duty will be 3.7 percent ad valorem.

Articles classifiable under subheading 6802.93.00, HTS, which are products of India, are not entitled to duty free treatment under the Generalized System of Preferences (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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