CLA-2 CO:R:C:G 085537 HP
Mr. Melvin E. Lazar
Barnes, Richardson & Colburn
475 Park Avenue South
New York, NY 10016
RE: Clarification of HQ 084608
Dear Mr. Lazar:
This is in reply to your letter of September 14, 1989,
requesting clarification of HQ
084608 of August 24, 1989.
FACTS:
In our ruling of August 24, 1989, we classified several
stone articles, agglomerated
with plastic resins, under the Harmonized Tariff Schedule of the
United States An
notated (HTSUSA). You have requested several changes in the
contents of that ruling.
ISSUE:
Whether your proposed changes merit consideration?
LAW AND ANALYSIS:
After due deliberation, we are of the opinion that the
following changes in HQ 084608
are warranted. We apologize for any inconvenience our original
text may have caused.
HOLDING:
1. The counter tops and channel systems are
classified under subheading
6810.99.0000, HTSUSA, as articles of cement, of
concrete or of artificial
stone, whether or not reinforced, other articles,
other. Articles which meet
the definition of "goods originating in the
territory of Canada" (see General
Note 3(c)(vii)(B), HTSUSA) are subject to reduced
rates of duty under the
United States-Canada Free Trade Agreement
Implementation Act of 1988. If
the merchandise constitutes "goods originating in
the territory of Canada,"
the applicable rate of duty is 3.9 percent ad
valorem; otherwise, the
applicable General rate of duty is 4.9 percent ad
valorem.
2. The paving stones under 3.2 centimeters in width
are classified under
subheading 6810.19.1000, HTSUSA, as articles of
cement, of concrete or of
artificial stone, whether or not reinforced, tiles
, flagstones, bricks and
similar articles, other, floor and wall tiles. If
the merchandise constitutes
"goods originating in the territory of Canada,"
the applicable rate of duty is
16.8 percent ad valorem; otherwise, the applicable
General rate of duty is
21 percent ad valorem.
3. The paving stones 3.2 centimeters and greater in
width are classified under
subheading 6810.11.0000, HTSUSA, as articles of
cement, of concrete or of
artificial stone, whether or not reinforced, tiles
, flagstones, bricks and
similar articles, building blocks and bricks. If
the merchandise constitutes
"goods originating in the territory of Canada,"
the applicable rate of duty is
3.9 percent ad valorem; otherwise, the applicable
General rate of duty is 4.9
percent ad valorem.
4. In the last paragraph of page two, HQ 084608, the
quotation from Note 3 to
Chapter 94, HTSUSA, ends with the text: [emphasis
added]. The statements
thereafter are not associated with Note 3 to
Chapter 94, and commence a
new paragraph.
Pursuant to section 177.9, Customs Regulations (19 C.F.R.
177.9), the ruling letter of
August 24, 1989 is modified in conformity with the foregoing.
Sincerely,
John Durant,
Director
Commercial Rulings
Division