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NY B87159




July 18, 1997

CLA-2-70:RR:NC:2:226 B87159

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.29.2000

Mr. Charles Simmons
Pueblo Partners Trading Co.
1829 W. Bel Aire Court
Tucson, Arizona 85705

RE: The tariff classification of drinking glasses from Mexico

Dear Mr. Simmons:

In your letter received June 27, 1997, you requested a tariff classification ruling regarding a drinking glass which you refer to as a "shooter."

In your letter you state your opinion that this item should be classified as glassware colored prior to solidification in subheading 7013.99.10, Harmonized Tariff Schedule of the United States (HTS). However, subheading 7013.99.10 is not applicable for two reasons.

Your letter states that the product is produced from recycled glass and the color of the item is the color of the recycled glass. In order to qualify for classification as glassware colored prior to solidification, a genuine source of color (e.g., a pigment or dye) must be inserted into the product prior to solidification. Items produced from recycled glass do not qualify for classification in this provision unless a new source of color (other than the recycled glass) is inserted into the glassware prior to solidification. In addition, subheading 7013.99.10 appears under subheading 7013.99 which covers glassware for indoor decoration. The product covered by your ruling request is a drinking glass classifiable under subheading 7013.29, not 7013.99. The applicable subheading for the drinking glass will be 7013.29.2000, HTS, which provides for drinking glasses, other than of glass-ceramics: other: other: valued over thirty cents but not over three dollars each. The rate of duty will be 27.8 percent ad valorem.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Jacob Bunin at 212-466-5796.

Sincerely,

Gwenn Klein Kirschner Chief
Special Products Branch National Commodity

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