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NY L88260




February 28, 2006

CLA-2-39:RR:NC:SP:221 L88260

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

Mr. Paul M. Lichstein
Carpathian Industries
720 Monroe Street, C-410
Hoboken, NJ 07030

RE: The tariff classification of countertop material from China.

Dear Mr. Lichstein:

In your letter dated November 1, 2005, you requested a tariff classification ruling.

A sample was provided with your letter. This sample was analyzed by the Customs Border and Protection New York Laboratory. The countertop material is composed of 48 percent inorganic powder uniformly agglomerated in a polymeric resin. The inorganic powder consists mostly of a compound or compounds of aluminum with some silicon. The inorganic powder also contains a lesser amount of calcium carbonate. The countertop material is 3 centimeters thick, 32 inches wide and 96 inches long. The edges have been beveled and a hole has been cut for an under mount sink.

The applicable subheading for the countertop material will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics and articles of other materials of headings 3901 to 3914: other: other: other. The rate of duty will be 5.3 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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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