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NY I87892




November 19, 2002

CLA-2:RR:NC:2:226 NY I87892

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.99.10

Mr. Corey Klestadt
Trans-World Shipping Corp.
75 Maiden Lane
Suite 903
New York, NY 10038

RE: The tariff classification of colored glass paperweights from China

Dear Mr. Klestadt:

In your letter dated October 23, 2002, on behalf of Two’s Company, you requested a tariff classification ruling regarding two glass paperweights.

Samples were submitted with your ruling request. They are being returned to you in accordance with your request.

Each paperweight is colored red and contains numerous bubbles, seeds or stones. According to your letter, each product was colored prior to solidification.

Each paperweight is heart-shaped. A sticker label with the words “Be My Valentine” is affixed to the bottom of each article.

In your letter you suggested that these products should be classified as festive articles in subheading 9505.90.60, Harmonized Tariff Schedule of the United States (HTS). However, the paperweights will be used all year round; they are not regarded as “festive.” The paper label with the word “Valentine” appears face down on the bottom of each paperweight. The “Valentine” labels will not be seen when the products are used. The paperweights are not classifiable as festive articles in subheading 9505.90.60, HTS.

The applicable subheading for the glass paperweights colored prior to solidification will be 7013.99.10, HTS, which provides for glassware of a kind used for...toilet, office, indoor decoration and similar purposes...other glassware: other...glassware colored prior to solidification, and characterized by random distribution of numerous bubbles, seeds or stones, throughout the mass of the glass. The rate of duty will be 16 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 646-733-3027.

Sincerely,

Robert B. Swierupski
Director
National Commodity

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