We classify a lot of products, usually decorative figurines, that a claimed to be made from “polystone” sometimes mixed with “polyresin” binding material. Most of it goes into statistical reporting number 6810.99.0080.
This publication focused on narrowing the definition of artificial stone. It is not just the natural stone binded with plastic resins, cement, or lime… but it also must be “uniformly agglomerated together throughout the body of the article.” If it is not uniformly distributed, then GRI (3) is applicable, where if natural stone is essential character, then it goes into heading 6802. This effectively brings the duty up from zero to six percent. Publication further implies that in order for artificial stone to qualify for 6810, it must be made from “natural” stone.
As an example of non-natural stone, publication mentions calcium carbonate in the form of a synthetic chemical.
Interestingly, assumed percentage requirement by weight, is not a factor in determining the essential character of agglomerated article. For example, stone uniformly mixed with plastics (polystone/polyresin compound) is 6810 by GRI (1) regardless of weight predominance. Yet, it goes on to say that even in the absence of standard, if natural stone by weight is less than 20 percent it is not agglomerated stone. Informed compliance contradiction and acknowledgment of the “Absence of standard” leaves an area to be exploited by both sides. An importer will argue that GRI (1) is GRI (1) and CBP will point out to 20 percent guideline. It is safe to say that just like candle holders, this matter will be subject to further discussion.
This publication also talks about commercial terminology used for a lot for those articles: polystone and polyresin.
