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NY F85657




May 18, 2000

CLA-2-70:RR:NC:SP:226 F85657

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.99.5000; 7013.99.8000; 7013.99.9000

Mr. Arlen T. Epstein
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, N.Y. 10036-8901

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

Dear Mr. Epstein:

In your letter dated April 24, 2000 you requested a tariff classification ruling on behalf of your client Avon Products, Inc.

A sample of the “Glass Mobile,” item #PP 202987, was submitted with your inquiry. The article consists of nine glass representations of fish suspended from a metal wire by nylon string. The product is designed to be hung from the ceiling for decorative purposes. Your sample is being returned as requested.

You have suggested classification of the mobile as a toy in Chapter 95 and have cited several rulings in support of your position. We acknowledge that Customs has classified crib mobiles as toys. However, mobiles for infants serve to promote color recognition and visual coordination in babies, i.e. an educational toy. The submitted glass mobile is obviously not intended for such use, as it is fragile and breakable. The object is simply intended to decorate the home.

When the value of this merchandise as imported is over $0.30 but not over $3 each, the applicable subheading for the “Glass Mobile” will be 7013.99.5000, 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 $0.30 but not over $3 each. The rate of duty will be 30 percent ad valorem.

When the value of this merchandise as imported is over $3 but not over $5 each, the applicable subheading for the “Glass Mobile” will be 7013.99.8000, 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 but not over $5 each. The rate of duty will be 12.8 percent ad valorem.

When the value of this merchandise as imported is over $5 each, the applicable subheading for the “Glass Mobile” will be 7013.99.9000, 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 $5.00 each. The rate of duty will be 7.2 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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