CLA-2-25:S:N:N3:226 892524
Ms. Sharon Nemeth
American Custom Brokers
Hemisphere Center, Route 1 and 9 South
Suite 614
Newark, NJ 07114
RE: The tariff classification of fluorspar from China
Dear Ms. Nemeth:
In your letter dated November 17, 1973, on behalf of Power
Aisle, you requested a tariff classification ruling regarding a
crude, green stone from China. You indicated that this product was
fluorspar which would be used as a decorative stone in borders,
edging and rock gardens.
The sample submitted with your ruling request was sent to our
Customs laboratory for analysis. The laboratory confirmed that the
sample consisted of fluorspar.
When the merchandise contains more than 97 percent of calcium
fluoride by weight, the applicable subheading for the fluorspar
will be 2529.22.0000, Harmonized Tariff Schedule of the United
States (HTS), which provides for fluorspar: containing by weight
more than 97 percent of calcium fluoride. The rate of duty will
be $2.07 per metric ton.
When the merchandise contains 97 percent or less of calcium
fluoride by weight, the applicable subheading for the fluorspar
will be 2529.21.0000, HTS, which provides for fluorspar:
containing by weight 97 percent or less of calcium fluoride. The
rate of duty will be 13.5 percent ad valorem.
In your letter you indicated your opinion that this
merchandise should be classified as pebbles, gravel, broken or
crushed stone of a kind commonly used for concrete aggregates, for
road metalling, or for railway or other ballast, in subheading
2517.10.00, HTS. However, heading 2517 is not applicable for the
following reasons.
The product which you intend to import is not the type of
stone commonly used for the purposes described in heading 2517
(concrete aggregates, road metalling, railway or other ballast).
Rather, it will be used as a decorative stone in borders and rock
gardens. Furthermore, the sample which you submitted is not in the
form of pebbles, gravel, broken or crushed stone; it is a solid
stone. Therefore, this merchandise is properly classifiable in
heading 2529, not heading 2517.
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