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NY N008045




May 16, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6802.99.0060

Mr. Jesse Bogan
Architectural Granite & Marble, Inc.
13652 Hwy. 71 West
Austin, Texas 78738

RE: The tariff classification of four stones from India and/or Brazil

Dear Mr. Bogan:

In your letter dated March 5, 2007, you requested a tariff classification ruling. Four representative samples were submitted and were sent to our Customs laboratory for analysis.

The submitted sample, designated as “Indian Absolute Black”, is a flat, black stone with a polished surface. It measures 30.4 cm square x 10.6 mm in thickness and has a 1.1 mm bevel. Our Customs laboratory has determined that this product is composed of non-agglomerated other stone (dolerite).

The submitted sample, designated as “Black Galaxy”, is a flat, gold-speckled, black stone with a polished surface. It measures 30.4 cm x 30.5 cm x 10.4 mm in thickness and has a 1.9 mm bevel. Laboratory analysis indicates that this product is composed of non-agglomerated other stone (gabbro).

The submitted sample, designated as “Labrador Gold”, is a flat, mottled dark green, gold, black and gray stone with some iridescent spots. It has a polished surface and measures 30.4 cm x 30.5 cm x 10.4 mm in thickness and has a 2.0 mm bevel. Laboratory analysis indicates that this product is composed of non-agglomerated other stone (syenite).

The submitted sample, designated as “Rain Forest Green”, is a flat, green, brown, cream, and gray mottled and streaked stone. It has a polished surface and measures 30.5 cm square x 10.4 mm in thickness and has a 1.6 mm bevel. Laboratory analysis indicates that this product is composed of non-agglomerated other stone (serpentine).

The applicable subheading for the four stones (Indian Absolute Black, Black Galaxy, Labrador Gold and Rain Forest Green will be 6802.99.0060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for worked monumental or building stoneand articles thereof: other: other stone. The rate of duty will be 6.5 percent ad valorem.

Articles classifiable under subheading 6802.99.0060, HTSUS, which are products of India and/or Brazil, 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".

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/.

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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