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NY C84105




February 24, 1998

CLA-2-70:RR:NC:2:226 C84105

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.99.3000

Mr. Michael Maxwell
Grunfeld, Desiderio, Lebowitz & Silverman 707 Wilshire Boulevard
Suite 4900
Los Angeles, CA 90017

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a glass ashtray from Mexico; Article 509

Dear Mr. Maxwell:

In your letter dated February 10, 1998, on behalf of your client, W.C. Newman & Co., you requested a ruling on the status of a glass ashtray from Mexico under the NAFTA. The item is said to be wholly made in Mexico of NAFTA originating materials. A sample as well as a catalogue were provided with your request.

The subject article (style #450) is a circular smoked colored glass ashtray measuring 4 1/2 inches in diameter by 1 1/16 inches in depth. The article features a raised lip with four evenly spaced indentations. You indicated in your letter that the indentations are designed to hold cigarettes.

You stated in your letter that this article will not be sold to retailers but rather to commercial entities such as hotels and restaurants, which use this glassware solely as ashtrays.

The applicable tariff provision for the glass ashtray will be 7013.99.3000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes...: other glassware: other: other: smokers' articles. The general rate of duty will be 9 percent ad valorem.

The ashtray, being wholly obtained or produced entirely in the territory of Mexico, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a Free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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,

Robert B. Swierupski
Director,

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