CLA-2-71:RR:NC:SP:233 G88872

Mr. Curtis R. Ashbeck
Ameri-Uganda Development & Production Corp.
P.O. Box 1551
Sebastopol, CA 95473

RE: The tariff classification of rough diamonds and Kimberlite from Uganda.

Dear Mr. Ashbeck:

In your letter dated March 8, 2001, on behalf of your joint venture company, East African Gold Mines (U) Ltd., you requested a ruling on tariff classification.

The merchandise to be imported consists of rough diamonds and Kimberlite for the purpose of testing, evaluation and sale. The applicable subheading for the rough diamonds will be 7102.31.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for diamonds, whether or not worked, but not mounted or set: nonindustrial: unworked or simply sawn, cleaved or bruted. The rate of duty will be free.

You ask what documentation is required. An invoice with description, weights and values as well as certification of the origin is needed. A statement that the rough diamonds are not conflict diamonds is also required.

In order to issue a ruling regarding the Kimberlite, the following additional information is required:

Please submit a sample of the Kimberlite product being imported. If the product is too large to submit as a sample, please submit a section of the product which includes portions of both the face and the edge or corner.

Please indicate the brand name or style number of the Kimberlite stone.

How will the Kimberlite be used?

When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request send your request to U.S. Customs, Customs Information Exchange, Room 437, 6 World Trade Center, New York, NY 10048, attn: Binding Rulings Section.

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 Lawrence Mushinske at 212-637-7061.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division