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NY J83218




May 1, 2003

CLA-2-70: RR:NC:2:226 J83218

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.99.5000, 7013.99.8000, 8306.10.0000

Mr. William Ortiz
S.J. Stile Associates Ltd.
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of three decorative glass articles and two metal wind chimes from Indonesia

Dear Mr. Ortiz:

In your letter dated April 4, 2003, on behalf of your client, Nellie Hall, you requested a tariff classification ruling. Five representative samples were submitted with your ruling request.

Three of the five submitted samples, which are identified as Star Shape - Style #MM00776, Angelfish - Style #MBG30, and Butterfly - Style #MBG45, consist of a decorative stained glass suncatcher (e.g., star shape, angelfish, butterfly) attached to a glass wind chime. Each glass wind chime is composed of small pieces of glass mirror and pieces of stained glass in various shapes as well as small metal beads, and is held together by strands of nylon string.

You indicated in your letter that the unit values of these three glass articles will be $3.20, $1.95 and $2.71, respectively.

When these glass articles are valued over thirty cents each but not over three dollars each, the applicable subheading will be 7013.99.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes...: other glassware: other: other: valued over thirty cents but not over three dollars each. The rate of duty will be 30 percent ad valorem. When these glass articles are valued over three dollars each but not over five dollars each, the applicable subheading will be 7013.99.8000, HTS, which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes: other glassware: other: other: other: valued over $3.00 but not over $5.00 each. The rate of duty will be 11.7 percent ad valorem.

In your presentation, you suggest that these articles should be classified under subheading 7020.00.6000, HTS, which provides other articles of glass. However, heading 7020 is a very general provision covering other articles of glass. Decorative glass articles, like the glass suncatchers with glass wind chimes, are provided for more specifically in heading 7013. Therefore, heading 7020 is not applicable.

The other two submitted samples, which are identified as Dolphin - Style #MM00455 and Angelfish - Style #M00567, consist of a glass suncatcher attached to a metal wind chime. Each metal wind chime is composed of three metal tubes which dangle (by nylon line) from the suncatcher.

The applicable subheading for the glass suncatcher with metal wind chimes will be 8306.10.0000, HTS, which provides for bells, gongs and the like, and parts thereof, of base metal. The rate of duty will be 5.8 percent ad valorem.

Articles classifiable under subheading 8306.10.0000, HTS, which are products of Indonesia, are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

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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