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NY I84291




August 5, 2002

CLA-2:70:RR:NC:2:226 I84291

Mr. John Kiley
Seattle Batch, Inc.
4616 14th Ave. NW
Seattle, WA 98107

Tarrif No.: 7020.00.60

RE: Glass shapes from China

Dear Mr. Kiley:

In your letter dated July 16, 2002, you requested a tariff classification ruling regarding glass shapes.

A sample was submitted with your ruling request.

You explained that glass cullet (glass material made by chilling molten glass on a steel table) is produced in China and then made into various shapes in China. You indicated that these glass shapes will then be imported into the United State where they will be re-melted and used to produce various glass items.

In your letter you contend that the glass shapes should be classified in heading 7001, Harmonized Tariff Schedule of the United States (HTS), under the provision for cullet and other waste and scrap of glass; glass in the mass. However, these glass shapes are not cullet, waste or glass in the mass.

Although they are made from cullet, these shapes are not actually cullet in their own right. Rather, they are simply glass articles. These objects are formed into clear shapes and cannot be regarded as waste or glass in the mass.

The applicable subheading for the glass shapes will be 7020.00.6000, HTS, which provides for other articles of glass: other. The rate of duty will be five 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 filed at the time this merchandise is imported.

If you have any questions regarding the ruling, contact National Import Specialist Jacob Bunin at 646-733-3027.

Sincerely,

Robert B. Swierupski
Director
National Commodity

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