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NY E87732




October 13, 1999

CLA-2-70:RR:NC:2:226 E87732

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.99.4000

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

RE: The tariff classification of a decorative glass article from China

Dear Mr. Leman:

In your letter received on September 22, 1999, you requested a tariff classification ruling regarding a Christmas tree ornament (item #1515) a glass candleholder (item #265) and a set of glass stir sticks (item #140). Item #140 is the subject of this ruling. A representative sample of the article was submitted with your ruling request. Item #1515 and item #265 were addressed under a separate ruling (E86440) dated September 24, 1999.

You indicated in your letter that item #140 is a set of four glass stir sticks each having a small figure attached at the top of the stick. You stated in your letter that each figure is produced by the process of lamp-working (i.e., softening and shaping glass rods over a flame to form an object). However, at least three of the four sticks are not produced by this method.

The essential character of this set is represented by the glass sticks, not the figures on top of the sticks. The classification of the sticks will determine the classification of the entire product (stick with figure on top).

You indicated that the unit value of each stick is $0.18. The applicable subheading for the set of four glass stir sticks will be 7013.99.4000, 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 not over $0.30 each. The rate of duty will be 38 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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