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NY N005241





February 2, 2007

CLA-2-70:RR:NC:1:126

CATEGORY: CLASSIFICATION

TARIFF NO.: 7016.10.0000

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

RE: The tariff classification of glass mosaic tiles from China or Spain

Dear Mr. Gomez:

In your letter dated December 28, 2006, 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 “fused glass tiles - gloss”, consists of glossy, translucent, glass mosaic tiles in the shade of aquamarine. Each tile is in the form of a glass cube and measures approximately ¾ inches by ¾ inches. The glass mosaic tiles are mounted onto a fiberglass mesh backing for easy installation.

The product, referred to as “fused glass tiles - matte”, is the same product as described above with the exception that it will have a matte finish.

In your letter, you state your opinion that fused glass tiles (gloss and matte) should be classified under 7002.20.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for glass in balls (other than microspheres of heading 7018), rods or tubes, unworked: rods: other. However, since these products - glass cubes - are not balls, rods or tubes, heading 7002 is not applicable.

The applicable subheading for the glass mosaic tiles (gloss and matte) will be 7016.10.0000, HTSUS, which provides for glass cubes and other glass smallwares, whether or not on a backing, for mosaics or similar decorative purposes. The rate of duty will be 2.7 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 slate tiles. The two stone products that were submitted with your ruling request appear to be mislabeled. Please make sure you identify each stone product correctly. Your request for a classification ruling should include the type of stone - e.g., slate, granite, limestone, etc. In addition, each sample should be labeled with a brand name or style number.

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. It 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 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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