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NY I87241




October 25, 2002

CLA-2-71:RR:NC:2:226 I87241

CATEGORY: CLASSIFICATION

TARIFF NO.: 7117.90.9000, 8306.10.0000

Ms. Kathy Seamands
Global Village Glass Studios
600 N.W. 40th Street
Seattle, WA 98107

RE: The tariff classification of two articles of glass jewelry and a metal wind chime from China

Dear Ms. Seamands:

In your letter dated October 2, 2002, you requested a tariff classification ruling. Five representative samples and a brochure were submitted with your ruling request.

Item # 576 is a glass bangle bracelet. Item #569 is a decorative, yellow-colored, glass article in the shape of a rose. A metal pin is attached to the back of the article. The item measures approximately three inches in length.

The applicable subheading for the glass bracelet and the rose-shaped glass pin will be 7117.90.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for “imitation jewelry: other.” The rate of duty will be 11 percent ad valorem.

Item #1143 is a decorative wind chime consisting of metal hibiscus flowers and several metal rod-shaped chimes.

The applicable subheading for the decorative metal wind chime will be 8306.10.0000, HTS, which provides for bells, gongs and the like, non-electric, of base metal. The rate of duty will be 5.8 percent ad valorem.

In order to issue a ruling on the fish-shaped glass plate (item #996), we need the following additional information. Please submit the additional information indicated below.

Is the plate principally used as table/kitchen glassware (i.e., is it principally used for serving food, etc.) or is it principally used as purely decorative glassware?

Please submit any available advertising or marketing literature indicating how this product is used or marketed (as table/kitchen glassware or as decorative glassware).

If it is used for both purposes (table/kitchen purposes as well as purely ornamental use), please indicate the percentage of your customers who use it for each purpose.

When this information is available, you may wish to consider resubmission of your ruling request on the fish-shaped plate.

If you resubmit the request, please resubmit the sample along with a copy of your original letter and the additional information requested in this notice.

Please mail your request to U.S. Customs, One Penn Plaza, 10th Floor, Customs Information Exchange, attention: Binding Rulings Section.

With regard to item #585 - hummingbird feeder, your letter states that you have previously imported this merchandise. If there are current or recently completed entries of the hummingbird feeder, this office would not be able to rule on the merchandise.

This office is precluded from ruling on the classification of merchandise which is the subject of a current or completed Customs transaction. If the transaction is current and you want to have your arguments considered and ruled upon, you should ask the Import Specialists at the port of entry to seek advice from Customs Headquarters through the Internal Advice procedure. A copy of this notice should be included. If the transaction is completed and the entry has been liquidated, you should file a protest and seek further review of that protest by our Headquarters office.

On the other hand, if there are no current or recently completed entries of the hummingbird feeder and you are simply seeking a ruling on future transactions, our office would not be precluded from ruling on the merchandise. However, in order to issue a ruling on the hummingbird feeder, we would need the following additional information.

How is the hummingbird feeder colored? Please describe the precise manner in which the color is introduced into this product. Is a genuine source of color (e.g. a pigment or a dye) introduced into the glass before it solidifies? If so, please identify the precise chemical or mineralogical name of the source of color. Is this item simply painted? Is the product produced from recycled glass which creates the color? Is the article colored in some other way? The precise manner in which the glass hummingbird is colored should be fully described.

Does the hummingbird feeder contain numerous bubbles, seeds or stones throughout the mass of the glass?

Does the hummingbird feeder contain refining agents (e.g., antimony or arsenic oxides, dioxides or trioxides) that stifle the formation of bubbles, seeds or stones? If so, please identify these refining agents.

When this information is available, you may wish to consider resubmission of your ruling request on the hummingbird feeder (if there are no current or recently completed transactions pending before Customs).

If you resubmit the request, please resubmit the sample along with a copy of your original letter and the additional information requested in this notice.

Please mail your request to U.S. Customs, One Penn Plaza, 10th Floor, Customs Information Exchange, attention: Binding Rulings Section.

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 646-733-3027.

Sincerely,

Robert B. Swierupski
Director,

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