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NY 880462




February 1, 1993

CLA-2-70:S:N:N3D:226 880462

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.21.30; 7013.39.60.

Mr. Bernard D. Liberati
Morris Friedman & Co.
320 Walnut Street
Philadelphia, PA. 19106-3883

RE: The tariff classification of lead crystal goblets, and a silver plate and glass serving tray set from China.

Dear Mr. Liberati:

This is in response to your request for a tariff classification ruling, on behalf of your client Leeber Limited U.S.A., dated November 16, 1992.

The samples that you have submitted are described as follows:

1. Item 8894 consists of a pair of long stemmed drinking goblets which are approximately 9 inches in height. The bowl of each goblet is fluted glass with a silver plated stem and base. The sample has been sent to the Customs laboratory and the glass portion has been confirmed as being over 24% lead monoxide by weight. You state that each goblet is valued at $3.42.

2. Item 8268 consists of a serving tray with a fork. The tray has a silver plated steel frame with a glass insert. The insert is divided into four sections. The tray measures approximately 12 inches by 8 inches. The product comes with a silver plated fork which is approximately 5 1/2 inches in length. You state that the tray set is 6.98 each.

The essential character of the goblet is represented by its glass portion. The essential character of the tray/fork set is represented by the tray and the essential character if this tray is represented by its glass portion.

The provision applicable to the pair of goblets will be subheading 7013.21.30, Harmonized Tariff Schedule of the United States (HTS), which provides for glassware of a kind used for table ... or similar purposes: drinking glasses which are other than of glass- ceramics: which are of lead crystal: Valued over $3.00 but not over $5.00 each. The rate of duty will be 10.5 percent ad valorem.

The provision applicable to the serving tray will be subheading 7013.39.40, HTS, which provides for glassware of a kind used for table (other than drinking glasses) purposes other than that of glass-ceramics: Other: Other: Valued over $5.00 each. The rate of duty will be 7.2 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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