CLA-2:CO:R:C:G 086709 JAS
Frederick L. Ikenson, Esq.
1621 New Hampshire Avenue, N.W.
Washington, D.C. 20009
RE: Unmounted Diamond Tool and Drill Blanks
Dear Mr. Ikenson:
Our letter to you dated January 16, 1990 (085582), as
counsel for General Electric Company, USA, concerned the proper
classification of this merchandise. We have reviewed the
matter again and find our original position to be incorrect.
The following is Customs current position in the matter.
FACTS:
Our ruling to you dated June 21, 1989 (081535) in part
held unmounted Geoset and Formset diamond tool and drill blanks
to be classifiable as articles of stone or other mineral
substances (including articles of peat), not elsewhere
specified or included, in subheading 6815.99.4000, HTSUSA,
dutiable at the rate of 4.5 percent ad valorem.
You subsequently requested that we reconsider this ruling
and proposed an alternative classification. We replied by
letter dated January 16, 1990 (085582), and confirmed the
original classification.
The Geoset and Formset synthetic diamond blanks consist of
randomly oriented synthetic diamond crystals bonded together by
high pressure and temperature to create a dense polycrystalline
diamond article.
ISSUE:
Whether the Geoset and Formset diamond blanks are
classifiable as articles of other mineral substances, in
heading 6815, or as articles of of precious or semiprecious
stones (natural, synthetic or reconstructed), in heading 7116.
LAW AND ANALYSIS:
General Rule of Interpretation (GRI) 1, HTSUSA, states
that for legal purposes, classification shall be determined
according to the terms of the headings and any relative section
or chapter notes and, provided such headings or notes do not
otherwise require, according to GRIs 2 through 6.
Articles of chapter 71 are precluded from classification
in chapter 68. See Chapter 68, Note 1(d), HTSUSA. In
addition, articles and parts thereof, wholly of precious or
semiprecious stones (natural, synthetic or reconstructed) are
classified in chapter 71. See Chapter 71, Note 3(ij), HTSUSA.
We are satisfied that the articles in question have been
advanced beyond the condition of synthetic diamonds into
articles of diamonds. Heading 7116 covers all articles, other
than those expressly excluded, wholly of precious or semi-
precious stones.
HOLDING:
Under the authority of GRI 1, the Geoset and Formset
synthetic diamond blanks are provided for in heading 7116.
Actual classification is in subheading 7116.20.5000, HTSUSA, as
other articles of precious or semiprecious stones (natural,
synthetic or reconstructed). The rate of duty is 6.7 percent
ad valorem.
EFFECT ON OTHER RULINGS:
Our rulings of June 21, 1989 (081535) and January 16, 1990
(085582) are modified accordingly, under the authority of
section 177.9(d), Customs Regulations.
Sincerely,
John Durant, Director
Commercial Rulings Division