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HQ 950213


December 4, 1991

CLA-2 CO:R:C:M 950213 NLP

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.99.50

Ms. Lynn Conway
CRG Enterprises
620 South Main Street
Monmouth, IL 61462-2688

RE: Glass rods with decorative designs; glass stirrer sticks; subheading 7013.39.20; subheading 7013.99.50; subheading 7020.00.00

Dear Ms. Conway:

This is in response to your letter of August 12, 1991, requesting a tariff classification under the Harmonized Tariff Schedule of the United States (HTSUS) for decorative glass rods imported from Mexico. Samples were submitted for our examination.

FACTS:

The articles in question are glass rods with decorative glass designs added to the tops of the rods. Two samples were submitted for our examination. The first sample is a glass rod that is approximately 5-5/8 inches in length. The design on top of the rod is a snowman. The bottom of the rod has a sharp point. The second sample is a glass rod that is approximately 6- 1/2 inches in length. The design on the top of the rod is a golf ball and a pin. This rod also has a sharp point on the bottom. Your letter states that the glass rods are decorative items that can be used in gift baskets and as plant sticks. An advertisement describes the glass rods as "hand crafted, glass stirrer and plant sticks".

ISSUE:

What is the tariff classification of the decorative glass rods.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

The competing subheadings are the following:

7013.39.20 glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 7010 or 7018): glassware of a kind used for table
(other than drinking glasses) or kitchen purposes other than that of glass-ceramics: other: other: valued not over $3 each

7013.99.50 glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 7010 or 7018): other glassware: other: other: valued over $.30 but not over $3 each

These subheadings are both use provisions. U.S. Rule of Interpretation 1(a) states the following:
a tariff classification controlled by use (other than actual use) is to be determined in accordance with the use in the United States at, or immediately prior to, the date of importation, of goods of that class or kind to which the imported goods belong, and the controlling use is the principal use.

According to your letter and the literature you submitted, the glass rods are used for decorative purposes, such as in decorating planters and gift baskets. Since the rods are small sizes, they would seem to have a limited use as drink stirrers. The small size of the rods suggests that they are more useful as decorative articles than as stirrers for drinks. In addition, the rods' pointy tips indicate they may be dangerous for
stirrer use, whereas these tips would allow the rods to be more firmly planted in a plant or a gift basket. Therefore, it is our position, based on your information and an examination of the glass rods, that the principal use of the glass rods is as decorative articles rather than as stirrers for drinks. As a result, the glass rods would be classified in subheading 7013.99.50, HTSUS.

Your letter suggests the possible classification of these products in subheading 7020.00.00, HTSUS, as other articles of glass. In the HTSUS, merchandise is classified under the most specific provision applicable. The provision for other glassware used for indoor decoration in subheading 7013.99.50, HTSUS, is a more specific provision than subheading 7020.00.00, HTSUS. Therefore, subheading 7013.99.50, HTSUS, applies, not subheading 7020.00.00, HTSUS.

HOLDING:

The glass rods are classified in subheading 7013.99.50, HTSUS, which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 7010 or 7018), other glassware, other, other, valued over $.30 but not over $3 each. The rate of duty is 30 percent ad valorem. This provision is not eligible for duty-free treatment under the Generalized System of Preferences program.

Sincerely,

John Durant, Director
Commercial Rulings Division

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