HQ 085968: Marble

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 085968

                                   March 14, 1990



          CLA-2:CO:R:C:G  085968  SR

          CATEGORY:  Classification

          John Hartman
          Atlas Marble & Granite, Inc.
          9184 San Fernando Road
          Sun Valley, CA 91352

          RE: Marble

          Dear Mr. Hartman:

               This is in reference to your letter dated November 9, 1989,
          requesting a list of the proper tariff classification of marble
          and other stones under the Harmonized Tariff Schedule of the
          United States Annotated (HTSUSA).

               In accordance with Headquarters Ruling Letter (HRL) 085266,
          dated September 20, 1990, stone products are classified according
          to their geological nature.  Since limestone and marble are
          distinct stones with different geological properties, limestone
          may not be classified as marble.  Thus, polished limestone may
          not be classified as marble in subheading 6802.91; rather, it is
          classified as other calcareous stone in subheading 6802.92,
          HTSUSA.  Since polished limestone is frequently referred to as
          "marble" in the trade, limestone is often invoiced as marble and
          often entered incorrectly as marble in subheading 6802.91,
          HTSUSA.  The only way for the local Import Specialist team to
          verify that a particular product entered as marble is actually
          marble would be to obtain a sample for laboratory analysis.
          Frequently, the Customs Laboratory has determined that products
          entered incorrectly as marble in subheading 6802.91, HTSUSA, are
          actually limestone classifiable in subheading 6802.92, HTSUSA.
          Furthermore, products described as marble often prove to be
          serpentine classifiable as other stone in subheading 6802.99,
          HTSUSA.

               Laboratory analysis is crucial to determine whether a
          particular product is genuine geological marble or another stone.


















                                         -2-

          The laboratory analysis of a particular product with a particular
          name from a specific manufacturer should not be applied to a
          product with the same name from a different manufacturer.  Often
          different manufacturers may use the same name for different
          stones.  A product with a particular name from one manufacturer
          may prove to be genuine geological marble, while a product with
          the same name from a different manufacturer may prove to be
          limestone.  This situation also arises with other stones that
          have trade names that do not reflect their true geological
          composition.  From the foregoing you can see that it is not
          possible to provide the list you have requested.

               We are however, providing you with a copy of the appropriate
          HTSUSA provisions and the applicable Explanatory Notes to the
          HTSUSA.  These documents in conjunction with a laboratory
          analysis should enable you to determine the appropriate HTSUSA
          classification for your merchandise.  If any questions regarding
          the proper classification should still arise you may submit a
          request for a binding classification ruling to the local district
          office as explained in the enclosed pamphlet.

                                             Sincerely,




                                             John Durant, Director
                                             Commercial Rulings Division


          Enclosures

































          6 cc A.D. New York Seaport
          1 cc Durant
          1 cc legal reference