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NY F88535




August 7, 2000

CLA-2-68:RR:NC:2:226 F88535

CATEGORY: CLASSIFICATION

TARIFF NO.: 6802.93.00, 6802.99.00

Mr. Mike Messner
Stone Design Inc.
598 Mitchell Road
Glendale Heights, IL 60139-2582

RE: The tariff classification of four stones from Italy and one stone from Brazil

Dear Mr. Messner:

In your letter dated June 9, 2000, you requested a tariff classification ruling. Representative samples of the items were submitted and were sent to our Customs laboratory for analysis.

The first sample, which is identified as “Ivory Elegance” (Bianco Ivory), is a piece of mottled off-white, beige and black stone. It has a polished surface and measures approximately 10.1 cm X 9.7 cm and 1.0 cm thick. The Customs laboratory has determined that this stone is composed of non-agglomerated granite. You indicated that the country of origin of this stone is Italy.

The second sample, which is identified as “Ivory Silk”, is a piece of mottled beige, off-white, red and black stone. It has a polished surface and measures approximately 10.1 cm X 9.9 cm and 1.0 cm thick. The Customs laboratory has determined that this stone is composed of non-agglomerated granite. You indicated that the country of origin of this stone is Italy.

The third sample, which is identified as “Amarello Ornamental” (Juparana Gold LYL), is a flat polished piece of mottled white, grey, dark brown and yellow stone. It measures approximately 10.0 cm square and 1.0 cm thick with a 1/16-inch bevel. The Customs laboratory has determined that this stone is composed of granite. You indicated that the country of origin of this stone is Italy. The fourth sample, which is identified as “Rosa Raisa” (Purple Kinawa), is a polished piece of mottled pink, grey, black and off-white stone. It measures approximately 10.0 cm X 9.9 cm and 1.0 cm thick. The Customs laboratory has determined that this stone is composed of non-agglomerated granite. You indicated that the country of origin of this stone is Italy.

The applicable subheading for the four granite stones (Ivory Elegance, Ivory Silk, Amarello Ornamental, and Rosa Raisa) will be 6802.93.00, Harmonized Tariff Schedule of the United States (HTS), which provides for worked monumental or building stone (except slate) and articles thereof: other: granite. The rate of duty will be 3.7 percent ad valorem.

The last sample, which is identified as “Labrador Green”, is a polished piece of dark green, black and brown iridescent stone. It measures approximately 10.0 cm square and 1.0 cm thick. The Customs laboratory has determined that this stone is composed of non-agglomerated other stone. You indicated that the country of origin of this stone is Brazil.

The applicable subheading for the non-agglomerated other stone (Labrador Green), will be 6802.99.00, HTS, which provides for worked monumental or building stone (except slate) and articles thereofother: other stone. The rate of duty will be 6.5 percent ad valorem.

Articles classifiable under subheading 6802.99.00, HTS, which are products of Brazil may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP 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 the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" then search for the term “GSP”.

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 212-637-7074.

Sincerely,

Robert B. Swierupski
Director,

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