CLA-2-25:OT:RR:NC:4:426
Mr. Leonardo D’Agostini
Coletti International Corporation
7825 NW 29th Street
Suite 105-B
Doral, Florida 33122
RE: The tariff classification of limestone gravel and limestone gravel/sand from the Dominican Republic
Dear Mr. D’Agostini:
In your letter dated May 29, 2009, you requested a tariff classification ruling regarding crushed limestone.
Three different sample bags of this material – labeled “Limestone,” “Aggregate #89” and “Rock Sand” were submitted with your ruling request.
The samples were sent to our Customs and Border Protection Laboratory for analysis. Laboratory analysis of these samples has now been completed.
You indicated that these products will be used as ingredients in the manufacturing of concrete and cement, as well as for various other purposes. You also advised our office that while certain sieve sizes will be used as concrete aggregates, other sieve sizes will be used as road base materials in the construction of roads and highways.
Analysis of the three samples by our Customs and Border Protection Laboratory indicated that the products in the bags labeled “Limestone” and “Aggregate #89” were in the form of gravel, while the product in the bag labeled “Rock Sand” had a form which consisted of gravel, sand and finer powder. Our laboratory’s analysis indicated that the composition of all three samples was consistent with your description of these items as crushed limestone.
The applicable subheading for the bags of crushed limestone will be 2517.10.00, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pebbles, gravel, broken or crushed stone, of a kind commonly used for concrete aggregates, for road metalling, or for railway or other ballast, shingle and flint, whether or not heat treated. The rate of duty will be free.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
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 646-733-3027.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division