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HQ 951783


February 2, 1993

CLA-2 CO:R:C:M 951783 NLP

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.99.50

District Director
United States Customs Service
610 South Canal Street
Chicago, IL 60607

RE: Internal Advice Request No. 22/92; subheading 7013.99.10; glassware colored prior to solidification, and characterized by random distribution of numerous bubbles, seeds or stones, throughout the mass of glass; C.I.E. 1070/66 [T.D. 66- 23(7)]; HRL 043600 and 089054; item 546.35, TSUS; fining agents

Dear Sir:

This letter is in response to Mr. David Riggle's request, on behalf of his client, Artmark Chicago, LTD., for an internal advice (IA 22/92, dated February 6, 1992) on the proper classification of decorative glass articles under the Harmonized Tariff Schedule of the United States (HTSUS). Samples were submitted for our examination.

FACTS:

Three samples of the decorative glassware were submitted for our review. The first sample, style no. 80807, is a cobalt blue glass dish. The second sample, style no. 65329, is a covered dish that is decorated with a bird motif and the third sample, style no. 60438, is a rose colored glass dinner bell.

According to a letter from the manufacturer, the glassware is made by mixing the following raw materials: pure alkali, borax, nitrate, ice crystal crylite, potassium carbonate, aluminum oxide, zinc oxide, calcium and arsenic trioxide. To make the glassware blue, cobalt is added to the mixture and to make the glassware pink, selenium is added. The above raw materials are placed into a pot having a 500 kg capacity and heated for 13 hours at 1400 degrees Celsius. At this point, the raw materials reach the melting point and the mixture is ready for the production line. A proper amount of the melted mixture is then placed into steel molds for molding. When the materials are cooled, the products are packed for dispatch.

According to the importer, the raw materials may contain impurities and when the melted raw materials are put into the molds, air may be introduced to produce bubbles.

It is the importer's argument that the glassware is classified in subheading 7013.99.10, HTSUS, which provides for "[g]lassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 7010 or 7018): [o]ther glassware: [o]ther: ...; glassware colored prior to solidification, and characterized by random distribution of numerous bubbles, seeds or stones, throughout the mass of glass."

ISSUE:

Is the decorative glassware colored prior to solidification, and characterized by random distribution of numerous bubbles, seeds or stones, throughout the mass of glass, such that it is classified in subheading 7013.99.10, HTSUS?

LAW AND ANALYSIS:

The classification of goods under the HTSUS is governed by 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. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI's may be applied, taken in order.

C.I.E. 1070/66, dated April 12, 1966 [T.D. 66-23(7)], and Headquarters Ruling Letter (HRL) 043600, dated February 26, 1976, dealt with the issue of the scope of item 546.35, Tariff Schedules of the United States, the precursor provision to subheading 7013.99.10, HTSUS, which provided for glassware, colored prior to solidification and characterized by random distribution of numerous bubbles, seeds or stones, throughout the mass of the glass. According to these rulings, the words "colored prior to solidification" require that the entire article be composed of glass colored while in the molten state. If the article consists of several glass portions fused together, the presence of one uncolored portion would exclude the article from being considered colored glass.

In addition, these rulings held that the word "random" requires that the distribution of the bubbles, seeds or stones, be haphazard, uncontrolled and numerous. These rulings also
indicate that glass products containing fining agents, which limit the quantity of bubbles, seeds or stones in glassware, may not be classified as bubble glass. Therefore, even if some bubbles or seeds remain, the presence of fining agents negates the possibility of classifying the merchandise as bubble glass, since fining agents are designed to preclude the formation of bubbles.

Therefore, in order to be classified as colored bubble glass in subheading 7013.99.10, HTSUS, a product must be colored prior to solidification and be characterized by the random distribution of numerous bubbles, seeds or stones throughout the mass of the glass. It is the importer's position that the subject glassware is considered to be the type of bubble glass that is classifiable in subheading 7013.99.10, HTSUS. The color for the glassware is added prior to the glass solidifying and the bubbles in the glassware are the result of impurities which occurred naturally during the manufacturing process. While some of the bubbles are easy to see, and others are more difficult to see due to the size and patterns embossed on the glassware's surface, there are in fact many bubbles and they are distributed randomly throughout the mass of the glassware.

While the instant glass articles are colored prior to solidification, it is our position that the samples do not qualify as bubble glass. Our examination of the samples indicates that the glass articles have considerable areas free of bubbles and that they are not characterized by a random distribution of numerous bubbles throughout their masses. Furthermore, the Customs laboratory tested the rose colored bell and found that it contains arsenic oxide, a fining agent designed to prevent the formation of bubbles, seeds or stones. According to the letter from the manufacturer, arsenic is one of the raw materials used in formation of the other glassware products as well. Thus, when few bubbles, seeds or stones are present and fining agents are found in the glassware, the glassware is not classified as bubble glass. See also, HRL 089054, dated August 2, 1991. Inasmuch as the glass articles are decorative and are not classifiable as bubble glass, they are classified in subheading 7013.99.50, HTSUS.

HOLDING:

The glassware is classified in subheading 7013.99.50, HTSUS, which provides for "[g]lassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 7010 or 7018): [o]ther glassware: [o]ther: [o]ther: [o]ther: [v]alued over $0.30 but not over $3 each.

You should advise the internal advice applicant of this decision.

Sincerely,

John Durant, Director
Commercial Rulings Division


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