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NY D83170





October 22, 1998

CLA-2-68:RR:NC:2:226 D83170

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.99.8000

Ms. Lisa Peterson
Midwest of Cannon Falls
32057 64th Avenue
P.O. Box 20
Cannon Falls, MN 55009-0020

RE: The tariff classification of a glass water globe from China

Dear Ms. Peterson:

In your letter dated September 28, 1998, you requested a tariff classification ruling regarding a glass water globe on a wooden base (item 1383C99WA).

You stated that the F.O.B. price of this product will be $4.32.

The glass globe contains a plastic figurine of a moose on a sled. When the article is shaken small white particles give the appearance of falling snow. You stated that the item was designed for your customer L.L. Bean to conform with the L.L. Bean catalog featuring the moose character.

In your letter you indicated your opinion that the globe should be classified as a festive article in Chapter 95 of the Harmonized Tariff Schedule of the United States (HTS). However, we do not regard this item as a festive article. The moose character is associated with the L.L. Bean store and catalog rather than with any particular holiday.

The applicable subheading for the glass globe will be 7013.99.8000, HTS, which provides for glassware of a kind used for...indoor decoration or similar purposes...other glassware: other: other: other: valued over three dollars but not over five dollars each. The rate of duty will be 13.5 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,

Robert B. Swierupski
Director

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