The tariff classification of five stones from Italy and Spain

NY G85069 March 12, 2001 CLA-2-68:RR:NC:2:226 G85069 CATEGORY: Classification TARIFF NO.: 6802.99.00, 6802.93.00 Mr. Mike Messner Stone Design Inc. 598 Mitchell Road Glendale Heights, IL 60139-2582 RE: The tariff classification of five stones from Italy and Spain Dear Mr. Messner: In your letter dated November 27, 2000, 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 “Tropical Salmon” (Tropical Coral), is a polished salmon, grey, black and cream-colored piece of mottled and banded flat stone. It measures approximately 10.0 cm square and 1.0 cm in thickness. You indicated that the country of origin is Spain. Although you indicated in your letter that this stone is made of granite, our Customs laboratory has determined that this stone is composed of non-agglomerated other stone (gneiss). The second sample, which is identified as “Olive Green” (Verde Maritaka), is a polished green and black piece of mottled and banded flat stone. It measures approximately 10.0 cm square and 1.0 cm in thickness. You indicated that the country of origin is Italy. Although you indicated in your letter that this stone is made of granite, our Customs laboratory has determined that this stone is composed of non-agglomerated other stone (gneiss). The applicable subheading for the two gneiss products 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 thereof…other: other stone. The rate of duty will be 6.5 percent ad valorem. The third sample, which is identified as “Verde Veneziano” (Verde Nero), is a piece of polished mottled forest green, black, gold and iridescent grey stone. It measures approximately 10.0 cm square and 1.0 cm in thickness. You indicated that the country of origin is Italy. Our Customs laboratory has determined that this stone is composed of non-agglomerated granite. The fourth sample, which is identified as “Baltic Green”, is square piece of cut stone that is olive green and black with a crystalline texture. It has a polished surface and measures approximately 10 cm square and 1.0 cm in thickness. You indicated that the country of origin is Italy. Our Customs laboratory has determined that this stone is composed of non-agglomerated granite. The last sample, which is identified as “Violetta”, is a square piece of cut stone that is mottled beige, red, grey and black with an equigranular crystal texture. It has a polished surface and measures approximately 10 cm square and 1.0 cm in thickness. You indicated that the country of origin is Italy. Our Customs laboratory has determined that this stone is composed of non-agglomerated granite. The applicable subheading for the three granite products will be 6802.93.00, HTS, which provides worked monumental or building stone (except slate) and articles thereof…other: 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, National Commodity Specialist Division