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NY I84933

August 23, 2002

CLA-2-69:RR:NC:2:227 I84933


TARIFF NO.: 6907.90.00; 6907.10.0000

Mr. Charles Riley
John A. Steer, Inc.
Customs Brokers
50 Park Place, Ste. 825
Newark, NJ 07102

RE: The tariff classification of ceramic tiles with abalone shells from New Zealand.

Dear Mr. Riley:

In your letter dated July 7, 2002, on behalf of Listello (USA) Ltd., you requested a tariff classification ruling. Samples are being returned as requested.

The subject merchandise, based on the samples and information submitted, are unglazed ceramic wall tiles that are laminated with abalone shells. These tiles, identified as item numbers OC15, OC320 and OC48, measure approximately 8 inches long by ½ inch wide; 8 inches long by 1 inch wide by 1 inch deep; and 2 inches long by 2 inches wide, respectively. They will be used to accentuate wall tiling for decorative purposes.

The applicable subheading for the eight-inch long unglazed ceramic wall tiles with abalone shells, item numbers OC15 and OC320, will be 6907.90.00, Harmonized Tariff Schedule of the United States (HTS), which provides for other unglazed ceramic flags and paving, hearth or wall tiles. The rate of duty will be 12 percent ad valorem.

The applicable subheading for the two-inch square unglazed ceramic tiles with abalone shells, item number OC48, will be 6907.10.0000, HTS, which provides for unglazed ceramic flags and paving, hearth or wall tiles; unglazed ceramic mosaic cubes and the like, whether or not on a backing: tiles, cubes and similar articles, whether or not rectangular, the largest area of which is capable of being enclosed in a square the side of which is less than 7 cm (2.75 inches). The rate of duty will be 12 percent ad valorem.

In regard to your query concerning visa and quota restrictions, there is currently no visa or quota requirement with respect to this merchandise.

With respect to antidumping and countervailing duties, a list of AD/CVD proceedings at the Department of Commerce and their product coverage can be obtained from the DOC web site at: http://ia.ita.doc.gov. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings by Customs.

Importation of these tiles may be subject to regulations administered by the U.S. Fish and Wildlife Service. Inquiries concerning applicable regulations may be addressed to this agency located at 4401 N. Fairfax Drive in Arlington, VA 22203.

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 George Kalkines at 646-733-3028.


Robert B. Swierupski

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