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July 9, 1999

CLA-2-70:RR:NC:2:226 E83596

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.99.5000

Mr. John Bentz
D. Kratt International, Inc.
P.O. Box 66567
Chicago, IL 60666

RE: The tariff classification of three decorative glass articles from the Netherlands.

Dear Mr. Bentz:

In your letter dated June 14, 1999, on behalf of your client, Molca Design Co., you requested a tariff classification ruling. Representative samples were submitted with your ruling request.

The submitted merchandise is a set of three cylindrical-shaped glass vessels with three floating candles. The measurements of the glass vessels are six and one-quarter inches, seven and one-quarter inches and nine and one-quarter inches in height with each item having a three and one-half inch opening at the top.

You indicated in your letter that the unit values will be $0.80, $0.89 and $0.90, respectively.

The glass vessels represent the essential character of the set.

You suggested in your letter that these items should be regarded as candleholders and classified in subheading 9405.50.40, Harmonized Tariff Schedule of the United States (HTS). We do not regard this type of article as a candleholder because the items have the form of general-purpose articles. Each glass vessel can be used to hold flowers, fruit, potpourri and numerous other household items. A candle is only one of the many items that this type of product is capable of holding.

Therefore, the glass vessels are regarded as general-purpose glass articles classifiable in heading 7013, HTS, not as candleholders classifiable in heading 9405, HTS.

The applicable subheading for the decorative glass articles will be 7013.99.5000, HTS, which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposesĀ: other glassware: other: other: valued over $0.30 but not over $3.00 each. The rate of duty will be 30 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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