HQ 085537: Clarification of HQ 084608

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 085537


                                    September 19, 1989


CLA-2 CO:R:C:G  085537  HP

CATEGORY:  Classification

TARIFF NO.:  6810.11.0000; 6810.19.1000; 6810.99.0000

Mr. Melvin E. Lazar
Barnes, Richardson & Colburn
475 Park Avenue South
New York, NY 10016

RE:  Clarification of HQ 084608

Dear Mr. Lazar:

     This is in reply to your letter of September 14, 1989,
requesting clarification of HQ
084608 of August 24, 1989.

FACTS:

     In our ruling of August 24, 1989, we classified several
stone articles, agglomerated
with plastic resins, under the Harmonized Tariff Schedule of the
United States An
notated (HTSUSA).  You have requested several changes in the
contents of that ruling.

ISSUE:

     Whether your proposed changes merit consideration?

LAW AND ANALYSIS:

     After due deliberation, we are of the opinion that the
following changes in HQ 084608
are warranted.  We apologize for any inconvenience our original
text may have caused.

HOLDING:

          1.   The counter tops and channel systems are
               classified  under subheading
               6810.99.0000, HTSUSA, as articles of cement, of
               concrete or of artificial
               stone, whether or not reinforced, other articles,
               other.  Articles which meet
               the definition of "goods originating in the
               territory of Canada" (see General
               Note 3(c)(vii)(B), HTSUSA) are subject to reduced
               rates of duty under the
               United States-Canada Free Trade Agreement
               Implementation Act of 1988.  If
               the merchandise constitutes "goods originating in
               the territory of Canada,"
               the applicable rate of duty is 3.9 percent ad
               valorem; otherwise, the
               applicable General rate of duty is 4.9 percent ad
               valorem.
          2.   The paving stones under 3.2 centimeters in width
               are classified under
               subheading 6810.19.1000, HTSUSA, as articles of
               cement, of concrete or of
               artificial stone, whether or not reinforced, tiles
               , flagstones, bricks and
               similar articles, other, floor and wall tiles.  If
                the merchandise constitutes
               "goods originating in the territory of Canada,"
               the applicable rate of duty is
               16.8 percent ad valorem; otherwise, the applicable
                General rate of duty is
               21 percent ad valorem.

          3.   The paving stones 3.2 centimeters and greater in
               width are classified under
               subheading 6810.11.0000, HTSUSA, as articles of
               cement, of concrete or of
               artificial stone, whether or not reinforced, tiles
               , flagstones, bricks and
               similar articles, building blocks and bricks.  If
               the merchandise constitutes
               "goods originating in the territory of Canada,"
               the applicable rate of duty is
               3.9 percent ad valorem; otherwise, the applicable
               General rate of duty is 4.9
               percent ad valorem.

          4.   In the last paragraph of page two, HQ 084608, the
               quotation from Note 3 to
               Chapter 94, HTSUSA, ends with the text: [emphasis
               added].  The statements
               thereafter are not associated with Note 3 to
               Chapter 94, and commence a
               new paragraph.

     Pursuant to section 177.9, Customs Regulations (19 C.F.R.
177.9), the ruling letter of
August 24, 1989 is modified in conformity with the foregoing.


                                             Sincerely,


                                             John Durant,
Director
                                             Commercial Rulings
Division