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NY H80593




August 2, 2001

CLA-2-68:RR:NC:2:226 H80593

CATEGORY: CLASSIFICATION

TARIFF NO.: 6802.99.00, 6802.93.00

Mr. Wing K. Wong
Active Lumber Inc.
6119 7th Avenue
Brooklyn, NY 11220

RE: The tariff classification of five stones from China

Dear Mr. Wong:

In your letter received on April 27, 2001, you requested a tariff classification ruling. Five representative samples were submitted and were sent to our Customs laboratory for analysis.

The first sample, which is identified as A02 – Pomegranate Red, is a piece of black, red, and grey stone with a crystal texture. It has a polished surface and measures approximately 6 cm X 5.9 cm and 1.7 cm in thickness. Our Customs laboratory has determined that this item is composed of non-agglomerated other stone (schist).

The second sample, which is identified as A15 – Pearl White, is a piece of mottled white, grey and pink stone. It has a polished surface and measures approximately 12 cm X 7.9 cm and 2 cm in thickness. Our Customs laboratory has determined that this product is composed of non-agglomerated other stone.

The third sample, which is identified as A12 - Green Pearl, is a piece of mottled green, black and grey stone with a brown crystal texture. It has a polished surface and measures approximately 12 cm X 7.8 cm X 1.7 cm in thickness. Our Customs laboratory has determined that this product is composed of non-agglomerated other stone. The applicable subheading for A02 (Pomegranate Red), A15 (Pearl White) and A12 (Green Pearl) will be 6802.99.00, Harmonized Tariff Schedule of the United States (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.

The fourth sample, which is identified as A10 - Flower Red, is a piece of mottled pink, off-white, and grey stone with a black crystal texture. It has a polished surface and measures approximately 12 cm X 7.8 cm and 2.0 cm in thickness. Our Customs laboratory has determined that this item is composed of non-agglomerated granite.

The last sample, which is identified as A14 – Maple Leaf Red, is a piece of mottled orange and grey stone with a crystal texture. It has a polished surface and measures approximately 11.8 cm X 7.9 cm and 1.7 cm in thickness. Our Customs laboratory has determined that this item is composed of non-agglomerated granite.

The applicable subheading for A10 (Flower Red) and A14 (Maple Leaf Red) will be 6802.93.00, HTS, which provides for worked monumental or building stone (except slate) and articles thereofother: granite. The rate of duty will be 3.7 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 212-637-7074.

Sincerely,

Robert B. Swierupski
Director,

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