CLA-2-:71:S:N:8:344 888151

Mr. Haneezain Ismail
Paradise Imports & Exports
1904 Lawne Villa Court
Orlando, Florida 32808

RE: The tariff classification of cut and polished precious and semiprecious stones from Sri Lanka.

Dear Mr. Ismail:

In your letter of July 9, 1993, you requested a tariff classification ruling on cut and polished precious and semiprecious stones. You have not submitted samples, however, you state in your letter that you intend to import seven stones. They are:

1. Blue Sapphire 1.36 carat 2. Star Sapphire(Blue) 1.73 carat 3. Ruby 1.05 carat 4. Star Ruby 2.49 carat 5. Aquamarine 1.40 carat 6. Garnet 1.82 carat 7. Blue Topaz 2.00 carat

The applicable subheading for items 1. and 2. will be 7103.91.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for Precious stones (other than diamonds)...whether or not worked or graded but not strung, mounted or set...Otherwise worked: Sapphires. The rate of duty will be Free.

The applicable subheading for items 3. and 4. will be 7103.91.0010, HTS, which provides for Precious stones (Other than diamonds)...whether or not worked or graded but not strung, mounted or set...Otherwise worked: Rubies. The rate of duty will be Free.

The applicable subheading for items 5., 6., and 7. will be 7103.99.1000, HTS, which provides for Precious stones (other than diamonds) and semiprecious stones, whether or not worked or graded but not strung, mounted or set...Otherwise worked: Other: Cut but not set, and suitable for use in the manufacture of jewelry. The rate of duty will be 2.1% ad valorem.

The Generalized System of Preferences (GSP) expired at midnight July 4, 1993. There is the possibility that legislation will be enacted that will renew GSP retroactively to its date of expiration. In the event that this occurs, articles classifiable under subheading 7103.99.1000, HTS, which are products of Sri Lanka, would be entitled to duty free treatment under GSP upon compliance with all applicable regulations. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport