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NY 851434


April 23, 1990

CLA-2-70:S:N:N3G:226 851434

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.49.49

Mr. John D. Bucchioni
Import Manager
Cherrydale Farms Confections
Quakertown Rd., MR2
P.O. Box 40
Pennsburg, PA 18073

RE: The tariff classification of a glass hanging ornament from China.

Dear Mr. Bucchioni:

In your letter dated April 11, 1990, you requested a tariff classification ruling.

This product is an ornamental article which consists of a decorative glass body in a metal frame. The drawing on the glass depicts a bear character in winter clothes meeting a group of mice sitting at a window. In addition, the phrase "friends are always welcome" appears on the glass. This article may be hung from a door, wall or window.

In your letter you suggest that this product may be classified as a Christmas ornament in heading 9505 of the Harmonized Tariff Schedule (HTS). However, this merchandise is clearly not a Christmas ornament. Heading 9505 does not apply.

You also suggest that this product may be classified in subheading 9701.90, HTS, under the provision for collages and similar decorative plaques. However, this merchandise is not a collage or decorative plaque. In order to be classified in 9701.90, a product must consist of bits and pieces of various animal, vegetable or other materials, assembled so as to form a picture or decorative design or motif, and glued or otherwise mounted on a backing. This glass ornament within a metal frame is not glued or mounted on a backing. It is not classifiable in 9701.90, HTS.

When valued not over thirty cents each, the applicable subheading for the glass hanging ornament will be 7013.99.40, HTS, which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes...other: other: valued not over thirty cents each. The rate of duty will be 38 percent ad valorem.

When valued over thirty cents but not three dollars each, the applicable subheading will be 7013.99.50, HTS, which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes...other: other: valued over thirty cents but not over three dollars each. The rate of duty will be 30 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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