Mr. David Messier
80, boul. De l'Aéroport
Bromont, QC J2L 1S9
Date of issuance of ruling:
This is in response to a request submitted on your behalf by Bolloré Logistiques Canada Inc. for an advance ruling on the tariff classification of a modular cultured marble vanity top, model #MQ40199. This product is manufactured by/exported from Modular Vanity Tops, Col. Los Reyes, Juarez N.L. Mexico.
Based on the information provided, the product at issue is a solid white 25” X 22” vanity top made of cultured marble incorporating a wash-basin (sink) with no backsplash for a bathroom vanity. The imported product is composed of a mixture of resin and calcium carbonate. The vanity tops are manufactured using a moulding process.
Analysis and Justification
The material used for moulding is made up of a mixture of primarily natural stone combined with a binder. As per the Explanatory Notes to Chapter 68 and heading 68.10, the cultured marble vanity top is considered to be made of artificial stone and meet the terms of heading 68.10.
Section 10 of the Customs Tariff directs that classification of imported goods shall be determined in accordance with the General Rules for the Interpretation of the Harmonized System. Section 11 of the Customs Tariff states that in interpreting the headings and subheadings, regard shall be had to the World Customs Organization's (WCO) Explanatory Notes to the Harmonized Commodity Description and Coding System.
General Interpretative Rule 1 (GIR 1) directs that titles of Sections, Chapters and sub-Chapters are provided for ease of reference only. For legal purposes, classification shall be determined according to the terms of the heading and any relative Section and Chapter Notes. Similarly, General Interpretative Rule 6 (GIR 6) directs that classification shall be determined according to the terms of those subheadings and any related Subheading Notes.
The modular cultured marble vanity top model #MQ40199 is classified under classification number 6810.99.00.00 of Canadian Customs Tariff in accordance with GIRs 1 & 6.
This ruling has been issued under paragraph 43.1(1)(c) of the Customs Act and will be honoured by the CBSA for future importations of the goods specified, provided the material facts and circumstances remain as originally presented; all conditions in the ruling have been met; the ruling has not been modified, revoked, revised, or cancelled; and the Customs Tariff legislation has not changed. Should there be a change in the material facts or circumstances pertaining to the goods, you must notify the CBSA as soon as possible. You may request that the advance ruling be modified or revoked as of the date of the change.
Importers should quote the advance ruling number at the time of importation in either the description field of the B3 entry document or on the Canada Customs Invoice. Exporters or producers should quote the advance ruling number on the Certificate of Origin or commercial invoice accompanying the goods.
Should you disagree with this advance ruling, you may file a dispute notice under subsection 60(2) of the Customs Act within 90 days of the date of issuance. Please see the procedures outlined in Appendix C of the CBSA's Memorandum D11-11-3, Advance Rulings for Tariff Classification.
This advance ruling is considered reason to believe for the purposes of section 32.2 of the Customs Act and the CBSA's Administrative Monetary Penalty System, described in Memorandum D22-1-1.
All D-Memoranda referenced in this letter may be accessed on the CBSA website.
Consent to the Public Release of the Advance Ruling
As per your consent statement, we will release this advance ruling to the public, in both official languages, in accordance with the procedures described in Memorandum D11-11-3.
Manager, Tariff Policy Unit ‘B'
Trade Policy Division
- Date modified: