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NY N005240




February 2, 2007

CLA-2-69:RR:NC:1:126

CATEGORY: CLASSIFICATION

TARIFF NO.: 6908.90.00, 6802.91.2500

Mr. Frank Gomez
World Exchange, Inc.
8840 Bellanca Avenue
Los Angeles, CA 90045

RE: The tariff classification of glazed ceramic tiles and travertine tiles from Spain

Dear Mr. Gomez:

In your letter received January 10, 2007, on behalf of your client Oceanside Glasstile, you requested a tariff classification ruling. Representative samples were submitted with your ruling request.

The submitted sample, described as “ceramic tile – glazed”, is a glazed ceramic square tile measuring approximately four inches by four inches. You indicate in your letter that the product will be used as a floor or wall tile.

In your letter, you state your opinion that the glazed ceramic tile should be classified under 6908.10.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for glazed ceramic tileswhether or not rectangular, the largest surface area of which is capable of being enclosed in a square the side of which is less than 7 cm. However, the tile is not capable of being enclosed in a square the side of which is less than 7 cm. Therefore, consideration of classification under subheading 6908.10.5000 HTSUS, is precluded.

The applicable subheading for the ceramic glazed tile will be 6908.90.00, HTSUS, which provides for glazed ceramic flags and paving, hearth or wall tiles; glazed ceramic mosaic cubes and the like, whether or not on a backing: other. The rate of duty will be 8.5 percent ad valorem.

The submitted samples, designated in your letter as “Etched Stone Tile”, are two decorative etched stone tiles. You state that each tile is composed of travertine. One tile measures approximately 6 inches by 6 inches. The other tile measures approximately 12 inches by 3 inches.

The applicable subheading for the two decorative etched travertine tiles will be 6802.91.2500, HTSUS, which provides for worked monumental or building stoneand articles thereofother: travertine: other. The rate of duty will be 3.7 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Your inquiry does not provide enough information for us to give a classification ruling on the other products (rolled glass tile (matte and gloss), and the porcelain tile. As discussed in a telephone conversation with your office, we are returning your ruling request and all of the samples. Two the stone samples that were submitted were not addressed in your ruling request. However, two products that were mentioned in your letter had no samples.

Please limit your request to no more than five items and submit a sample of each product. Each article should be labeled with a brand name or style number. If you are submitting a stone product, please indicate the type of stone – e.g., granite, limestone, marble, slate, etc. If you are importing a ceramic product, please indicate the type of ceramic – e.g., dolomite, earthenware, porcelain, etc.

In order to permit our Customs laboratory to analyze these products, the size of the samples submitted should be at least twelve inches by twelve inches. Each sample should include portions of both the face and side (including the edge or corner) of the article. If a portion of the complete article is submitted as a sample, indicate the dimensions and thickness of the complete article.

Indicate the precise manner in which each article is worked. Indicate the depth and width of any beveling, rounding or other edgeworking performed on the edges or sides of the product.

When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please resubmit your original letter and provide the additional information along with the samples requested in this notice.

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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