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January 20, 1999

CLA-2-68:RR:NC:2:226 D85907


TARIFF NO.: 6802.99.0000

Mr. David Su
Sing Yu International
670 Morgan Avenue
Brooklyn, NY 11222

RE: The tariff classification of a non-agglomerated serpentine stone from China

Dear Mr. Su:

In your letter dated December 7, 1998, you requested a tariff classification ruling. A representative sample of the article was submitted and was sent to our Customs laboratory for analysis.

The sample, which you identified as “Extra Empress Green,” is a non-agglomerated green stone with a polished surface. It measures approximately 15 cm X 15 cm X 2 cm. The lab determined that this item is composed of non-agglomerated serpentine.

You suggested in your letter that this article should be classified under 6802.91.0500, Harmonized Tariff Schedule of the United States, (HTS), which provides for worked monumental or building stone and articles thereof...: other: marble: slabs. This provision, however, does not apply since this item was determined by our lab to be serpentine.

The applicable subheading for the non-agglomerated serpentine stone will be 6802.99.0000, HTS, which provides for worked monumental or building stone and articles thereof...other: other stone. The rate of duty will be 6.5 percent ad valorem.

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 212-466-5796.


Robert B. Swierupski

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