- 7 - 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 forPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011