HQ 086709: Unmounted Diamond Tool and Drill Blanks

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                        HQ 086709

                                    March 26, 1990

            CLA-2:CO:R:C:G   086709 JAS

            CATEGORY:   Classification

            TARIFF NO.: 7116.20.5000

            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