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NY N017127




October 17, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6802.99.0060

Mr. Michael McLaud
548 Beers Avenue
Meadville, PA 16335

RE: The tariff classification of quartzite from Norway

Dear Mr. McLaud:

In your letter, dated September 11, 2007, you requested a tariff classification ruling regarding two tiles of a building stone described as “Alta Quartzite.”

Two samples of this merchandise were submitted with your ruling request. Each sample measures twelve inches by twelve inches.

The first sample has a polished face and a calibrated or planed back. The face of the second second sample does not appear to be worked but it also has a calibrated or planed back. In a telephone conversation with this office, you stated that the calibration or planing operation performed on each of these items involves working the stone to achieve a desired thickness.

Both of these tiles - the item which is polished and planed, as well as the item which is only planed - are regarded as worked stone.

In your letter you indicated that the geological identity of this stone is quartzite.

You asked whether the merchandise could be classified as slate in heading 6803, Harmonized Tariff Schedule of the United States (HTSUS). However the provision for slate in heading 6803 only covers slate, not any other type of stone. Since you identified this product as quartzite, it cannot be classified as slate in heading 6803, HTUS.      The applicable subheading for the two “Alta” tiles which you identified as quartzite will be 6802.99.0060, HTSUS, which provides for worked monumental or building stone (except slate) and articles thereof: other: other stone. The rate of duty will be 6.5 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/.

     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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