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NY D87923




March 10, 1999

CLA-2-70:RR:NC:2:226 D87923

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.99.8000

Mr. Lawrence Baker
Jet Air Service, Inc.
Cargo Bldg. 80
JFK International Airport
Jamaica, New York 11430

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

Dear Mr. Baker:

In your letter dated February 12, 1999, on behalf of your client, At Home International Inc., you requested a tariff classification ruling. A representative sample of the item was submitted with your ruling.

The subject article, which is identified as style #00807, is a glass water globe on a black-colored plastic base with white-colored raised lettering that reads “ItÂ’s Coming” and “01-01-00.” The item measures approximately four inches in diameter at its broadest point. The globe is filled with distilled water and includes a figurine of a computer with a monitor screen that bears the logo “01-01-00.” When the globe is shaken, small 0Â’s and 1Â’s are scattered and fall onto the scene. You indicated in a telephone conversation that the unit value for the item is $3.16.

You indicated in your letter that this item contains the trademark “01-01-00.” You further stated that the importer, At Home International Inc., is properly licensed by the trademark holder to manufacture and sell items bearing the trademark. 15 U.S.C. 1124 deals with articles that may constitute infringements of registered trademarks. Section 133 of the Customs Regulations discusses merchandise that may copy or simulate registered trademarks recorded with the Customs Service. Since you claim that your client is licensed to import the merchandise described herein, we recommend notifying your local Customs office of this information prior to importation.

In your presentation, you state that the “01—01-00” designation refers to “New YearÂ’s Day” - the start of the next Millennium. You suggest that the item should be regarded as festive, carnival or other entertainment articlesÂ,parts and accessories thereof: other: other under 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS). However, neither New YearÂ’s Day nor the Millennium has been designated as a festive occasion for Heading 9505. Furthermore, a water globe is not an item which is used to decorate the home during a holiday and then removed after the holiday. Therefore, subheading 9505.90.6000, HTS, does not apply.

The applicable subheading for the glass water globe will be 7013.99.8000, 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: valued over $3.00 but not over $5.00 each. The rate of duty will be 13.2 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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