Bryan Rock Products, Inc. and Subsidiary - Page 7

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               The red landscaping rock sold by petitioner is washed,                 
          crushed red dolomite, sold in two sizes.  The larger size is                
          screened to an individual diameter size of not less than 3/4" and           
          not more than 1-3/4" in diameter (1-3/4" red landscaping rock).             
          The smaller size is screened to an individual diameter size of              
          not less than 5/16" and not more than 3/4" in diameter (3/4" red            
          landscaping rock).  The 3/4" red landscaping rock sold by                   
          petitioner was identical to the 3/4" washed red rock that                   
          petitioner sold for use as a concrete aggregate.                            
               Petitioner does not run reflectance tests, dry brightness              
          test, or other test relating to the measurement of the color of             
          its red landscaping rock.  Petitioner does not sell red                     
          landscaping rock on bid in direct competition with a bona fide              
          bid to sell a mineral listed in section 613(b)(3).                          
               A common use of landscaping rock, including petitioner's red           
          landscaping rock, is to lay it on the ground, several inches                
          deep, to act as a border or buffer between adjoining areas or               
          structure in a landscape or outdoor area.  Landscape rock is also           
          used to separate shrubs and other plantings from adjoining                  
          walkways, driveways, and lawn areas.  Landscaping rock reduces              
          maintenance (e.g., trimming, spraying, weeding) because it                  
          inhibits weed and grass growth in areas where growth is not                 
          desired.  In this regard, landscaping rock is often used over               
          plastic sheeting or a similar weed barrier.  Consistent                     
          appearance, including color and size, is a consideration for                




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Last modified: May 25, 2011