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NY N015557

August 21, 2007



TARIFF NO.: 9705.00.0090

Ms. Tara Tompkins
Eighteen Karat
5292 272nd Street
Langley, British Columbia
Canada V4W 1S3

RE: The tariff classification of natural mineral stones from Canada.

Dear Ms. Tompkins:

In your letter dated August 10, 2007 you requested a tariff classification ruling.

Samples were provided with your letter. The Calcite Geodes (items 47548, 47549 and 47550) and Argonite specimens are natural mineral stones mined in Morocco. The Calcite Geodes are naturally occurring rock formations that appear in sedimentary or volcanic rock. The Argonite Stones are also naturally occurring formations that have not been cultured or altered.

The applicable subheading for the Calcite Geodes and Aragonite specimens will be 9705.00.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Collections and collectors’ pieces of zoological, botanical, mineralogical, anatomical, historical, archeological, paleontological, ethnographic or numismatic interest, Other”. The rate of duty will be free.

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/.

You have also inquired about the country of origin marking requirements. You claim that due to the nature of the minerals it is not possible to permanently mark them with the country of origin. You also claim that labels will not adhere to the surface and that marking through stamping, engraving or similar methods would damage the mineral stones. At the time of importation, the stones will be wrapped in plastic bubble wrap for protection against damage and will arrive in cardboard shipping boxes which are not suitable for presentation within a retail store. The mineral stones will be sold to retailers for open display on their shelves.

Noting our response to you on New York Binding Rulings N004112 and N004200, since brochures that include information on the stones including their origin will be available to the ultimate purchaser and the articles are over 20 years of age, only the outermost container or holder is required to be marked at time of importation.

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 Lawrence Mushinske at 646-733-3036.


Robert B. Swierupski

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