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NY J84597




May 27, 2003

CLA-2-70:RR:NC:2:226 J84597

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.99.5000

Ms. G. Letterese
Karl Schroff & Associates, Inc.
Hook Creek Blvd. & 145th Avenue
Valley Stream, NY 11581

RE: The tariff classification of a glass fish bowl from China

Dear Ms. Letterese:

In your letter dated May 13, 2003, on behalf of your client, Penn Plax, Inc., you requested a tariff classification ruling. A representative sample was submitted with your ruling request.

The subject article is a fish bowl set that includes one clear glass fish bowl, one battery operated lighted base, one small bag of blue plastic stones and one resin Christmas tree. You stated in your letter that the plastic stones and tree will be placed inside the bowl. The bowl measures approximately six and one-half inches in height and four and one-half inches in diameter at the opening. The tree measures approximately four inches in height.

You indicated in a telephone conversation that this article is a functional fish bowl. You stated in your letter that all of the components of this product will be packaged together for retail sale. The merchandise will be imported in that condition. It will be marketed and sold as a set.

The essential character of this product is represented by the glass bowl. You stated that the unit value of the glass bowl is $0.88.

The applicable subheading for the fish bowl set 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: other: valued over thirty cents but not over three dollars each. The rate of duty will be 30 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,

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