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NY E83298




June 30, 1999

CLA-2-68:RR:NC:2:226 E83298

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.99.5000; 7018.90.5000

Mr. Robert Rouda
1495 Roberto Ct
Rio Rico, AZ 85648

RE: The tariff classification of a glass stick from Mexico

Dear Mr. Rouda:

In your letter received June 8, 1999, you requested a tariff classification ruling regarding a glass stick with a small figure attached at the top of the stick. A sample of the article was submitted with your ruling request.

Although you have previously imported similar merchandise, you indicated that your ruling request addressed prospective shipments of this merchandise only. Please note that the following ruling is only applicable to future transactions. (Any issues with Customs regarding past or current entries should be addressed through protests for further review or Internal Advice requests at the port of entry.)

In your letter you argue that these products should be classified as statuettes and other ornaments of lamp-worked glass...other: other in subheading 7018.90.50, Harmonized Tariff Schedule of the United States (HTS).

Glass workers typically produce articles of lamp-worked glass by softening glass rods over a flame and then shaping these rods into small decorative items.

The product at issue in your ruling request is a glass stick with a small glass figure attached at the top. The essential character of this item is represented by the glass stick, not the figure on top of the stick. The classification of the stick will determine the classification of the entire product (stick with figure on top). While the figure might be produced by the process of lampworking, it seems unlikely that the stick itself is produced using this method.

However, if the stick itself was actually produced by lamp-working (i.e., softening and shaping glass rods over a flame to form the stick), the applicable subheading for the article would be 7018.90.5000, HTS, which provides for statuettes and other ornaments of lamp-worked glass...other: other. The duty rate would be 6.6 percent ad valorem.

On the other hand, if the stick itself was not produced using the lamp-worked method, the article cannot be classified in subheading 7018.90.50, HTS, regardless of the method of production for the figure on top of the stick. It is most likely that the stick was not produced using the lamp-worked method.

When the stick itself is not produced by lamp-working and the unit value of the item is over thirty cents but not over three dollars, the applicable subheading for the article will be 7013.99.5000, HTS, which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes...other glassware: other: other: other: valued over thirty cents but not over three dollars each. The duty rate will be thirty percent ad valorem.

When the stick itself is not produced by lamp-working and the unit value of the item is not over thirty cents, the applicable subheading for the article will be 7013.99.4000, HTS, which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes...other glassware: other: other: other: valued not over thirty cents each. The duty rate will be thirty eight percent ad valorem.

If you intend to present an argument at the port of entry indicating that this merchandise should be classified in subheading 7018.90.5000, HTS, you should submit information to the Import Specialist at the port documenting the manner in which the stick portion of the article was produced. This information should be submitted on the letterhead of the foreign manufacturer. The letter from the manufacturer should explain in detail the exact method of production for the stick portion. 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
National Commodity Specialist Division

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