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February 24, 1999

CLA-2-70:RR:NC:2:226 D87587

CATEGORY: CLASSIFICATION

TARIFF NO.: 7018.90.5000

Mr. Dale Leman
Glass Eye Studio
600 Northwest 40th Street
Seattle, WA 98107

RE: The tariff classification of various lamp-worked glass ornaments from China

Dear Mr. Leman:

In your letter dated February 1, 1999, you requested a tariff classification ruling regarding various lamp-worked glass ornaments. Representative samples were submitted with your ruling request.

You indicated in your letter that there are three styles having several variations. The first sample, item #182 “Tipsy Teapots Ornaments,” is a set of three glass ornaments each measuring four inches in height in the shape of a teapot hanging on a string. The second sample, items #199, 205 and 206 “Whimiscles,” are three different sets of six glass ornaments each measuring six inches in height. Item #199 features glass ornaments in the shape of various fruits hanging on a string and items #205 and #206 feature glass ornaments in the shape of various birds hanging on a string. Lastly, items #186, 187, 188, 189, 192 and 193 “Well-Heeled Ornaments,” are six different sets of six glass ornaments measuring two inches in length. Each set features glass ornaments in the shape of footwear (e.g., pump, sneaker, boot) hanging on a string.

In your letter you indicted that these items are lamp-worked. They are produced by a glass-worker who takes glass rods of a specific color and softens them over an open flame. When the glass rods have reached the proper softness, the worker shapes the rods by hand over the flame into the desired design.

In your presentation, you suggest that these glass ornaments should be regarded as articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: of glass under 9505.10.1000, Harmonized Tariff Schedule of the United States (HTS). However, your catalogue shows the items being marketed as year round decorations. Therefore, subheading 9505.10.1000, HTS, does not apply.

The applicable subheading for the lamp-worked glass ornaments will be 7018.90.5000, HTS, which provides for statuettes and other ornaments of lamp-worked glass...: other: other. The rate of duty will be 6.6 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 212-637-7074.

Sincerely,

Robert B. Swierupski
Director,

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