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NY D85630




December 18, 1998

CLA-2-70:RR:NC:2:226 D85630

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.29.20; 9906.70.01

Ms. Linda Moyer
Associated Merchandising Corporation
1440 Broadway
New York, NY 10018

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of four drinking glasses from Mexico; Article 509

Dear Ms. Moyer:

In your letter dated December 7, 1998, you have requested a ruling on the status of four drinking glasses from Mexico under the NAFTA. A representative sample of each item was submitted and will be returned to you as requested.

The submitted merchandise consists of two glass tumblers (style #C1 and style #G1), a juice glass (style #C2), and a glass tumbler with blue dots (style #CT1). The unit values will be $1.80, $1.50, $0.80 and $1.50, respectively. You indicated in a telephone conversation that all four glasses are produced entirely in the territory of Mexico. With the exception of style #CT1, each style has a ribbon-like design in the glass.

The applicable tariff provision for the four drinking glasses will be 7013.29.20, Harmonized Tariff Schedule of the United States Annotated(HTSUSA), which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes...: drinking glasses, other than glass-ceramics (con.): other: other: valued over $0.30 but not over $3 each. The general rate of duty will be 27 percent ad valorem. Effective January 1, 1999 the general rate of duty will be 26.2 percent ad valorem.

The four drinking glasses, being wholly obtained or produced entirely in the territory of Mexico, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a 20 percent rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements. Effective January 1, 1999 the rate of duty under the NAFTA will be 18 percent ad valorem. Regarding style #s C1, C2 and G1, according to the information which you provided, the material which will form the ribbon effect within each of these glasses is inserted into the form of the larger glass article before solidification. Furthermore, you indicated that the ribbon material is glass. Style #s C1, C2 and G1 (glasses with ribbon-like effect) are subject to the Temporary Modifications Established Pursuant To The North American Free Trade Agreement as provided for in subchapter 9906.

Subheading 9906.70.01 provides for drinking glasses, not elsewhere specified or included (provided for in subheading 7013.29.10 or 7013.29.20): drinking glasses decorated with metal flecking, glass pictorial scenes, or glass thread-like or ribbon-like effects, any of the foregoing embedded or introduced into the body of the glassware prior to its solidification. The drinking glasses with the ribbon-like designs (style #s C1, C2 and G1) are considered to be of the type enumerated in subheading 9906.70.01, and will therefore be entitled to a 4.4 percent rate of duty as provided in HTS 9906.70.01. Effective January 1, 1999 the rate of duty will be 3.9 percent ad valorem. However, the glass tumbler with the blue dots (style CT1) is not covered by subheading 9906.70.01, HTS.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling is binding only as to the party to whom it is issued and may be relied on only by that party.

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 212-466-5796.

Sincerely,

Robert B. Swierupski

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