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NY J82343





March 27, 2003

CLA-2-94:RR:NC:2:227 J82343

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000; 7013.39.2000

Ms. Carol Krupskas
KAT Import Brokers
Airport Industrial Office Park, Bldg. B4A Valley Stream, NY 11581

RE: The tariff classification of glass candleholders as well as a glass milk bottle and wine carafe from China.

Dear Ms. Krupskas:

In your letter dated March 14, 2003, on behalf of Horizon Fabrics, you requested a tariff classification ruling. Samples are being returned as requested.

The submitted samples consist of the following glass candleholders: a decorative spherical-shaped glass container, measuring approximately 2 ¾ inches high, with a permanently affixed cylinder-like glass insert measuring nearly 1 ¾ inches across its open-top diameter (item number CH 14); a spherical-shaped frosted glass holder, measuring about 3 ¼ inches high with a 2 ¼-inch open-top diameter, that is inserted into an opened decorative metal receptacle (item number CH 49); and a cylinder-shaped glass holder, measuring about 3 1/3 inches high with a 2 ½-inch open-top diameter, that is decorated with a mosaic exterior (item number CH 18). Moreover, there is a glass milk bottle measuring about 9 ½ inches in height (item number CH 73) and a glass wine carafe measuring about 7 ¾ inches in height (item number CH 72). It is stated that the glass milk bottle and wine carafe are valued under $3 each.

The applicable subheading for these glass candleholders, item numbers CH 14, CH 49, and CH 18, will be 9405.50.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other non-electrical lamps and lighting fittings, other. The rate of duty will be 6 percent ad valorem.

The applicable subheading for the glass milk bottle, item number CH 73, and the glass wine carafe, item number CH 72, will be 7013.39.2000, HTS, which provides for glassware of a kind used for table (other than drinking glasses) or kitchen purposes other than that of glass-ceramicsotherothervalued not over $3 each. The rate of duty will be 23.2 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 George Kalkines at 646-733-3028.

Sincerely,

Robert B. Swierupski
Director,

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