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NY J81545




March 21, 2003

CLA-2-45:RR:NC:2:230 J81545

CATEGORY: CLASSIFICATION

TARIFF NO.: 4503.10.6000

Ms. Alice Liu
Atico International USA, Inc.
501 South Andrews Avenue
Ft Lauderdale, FL 33301

RE: The tariff classification of cork bottle stoppers with glass tops from China

Dear Ms. Liu:

In your letter dated February 24, 2003 you requested a tariff classification ruling.

The ruling was requested on cork and glass bottle stoppers, referenced as your item # E29E. Two samples were submitted. The samples consist of stoppers made of natural cork and topped with decorative glass handles. The corks are straight cylinders with beveled ends measuring approximately 1-1/8” in length and 5/8” in diameter. The tops consist of different shaped and colored glass handles. One sample top is a blue knob approximately 1-1/2” in length; the other sample top is a yellow bulb approximately 2-1/2” in length.

The cork bottle stoppers with glass tops are composite goods consisting of different materials. The essential character of these composite goods is imparted by the cork because of the more important role the cork plays in the functioning of the bottle stoppers.

The applicable subheading for the cork bottle stoppers with glass tops, item # E29E, will be 4503.10.6000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for articles of natural cork, corks and stoppers, other. The rate of duty will be free.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the Customs Service.

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 Paul Garretto at 646-733-3035.

Sincerely,

Robert B. Swierupski
Director,

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