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NY 813843




August 23, 1995

CLA-2-70:S:N:N3:226 813843

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.99.4000

Ms. Evi K. Binder
Westrim Crafts
P.O. Box 3879
Chatsworth, CA 91313

RE: The tariff classification of a decorative glass article from China

Dear Ms. Binder:

In your letter dated August 9, 1995, you requested a tariff classification ruling regarding glass ball picks. A sample of the item was submitted and will be returned as requested.

You suggest that the glass ball picks may be classifiable in subheading 9505.10.1000, Harmonized Tariff Schedule of the United States (HTS). This provision, however, does not apply since the glass ball picks are not solely associated with Christmas festivities. The glass ball picks have attached wire stems and are green, red or silver in color. They may be used to decorate floral arrangements, centerpieces, plants, wreaths, gift packages, etc., on various occasions throughout the year. In a telephone conversation with this office, you stated that the unit value for this item is less than three cents each.

The glass material provides the greatest bulk, weight, and value. In accordance with Harmonized Tariff Schedule General Rule of Interpretation 3(b), the glass imparts the essential character since it provides the decorative effect of the picks.

The applicable subheading for the glass ball picks will be 7013.99.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes...other glassware: other: other: other: valued not over $0.30 each. The rate of duty will be 38 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
New York Seaport

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