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NY K81857




January 5, 2004

CLA-2:RR:NC:1:126 NY K81857

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.99.3000; 7013.99.1000

Mr. Harvey Stein
Harvey Lewis Designs
326 First Street
Suite 11
Annapolis, Maryland 21403

RE: The tariff classification of glass perfume bottles

Dear Mr. Stein:

In your letter, dated December 2, 2003, you requested a tariff classification ruling regarding glass perfume bottles with stoppers from China.

Two samples were submitted with your ruling request. Each sample is approximately 2.75 inches in height without the stopper and approximately 3.75 inches in height with the stopper. The body of each perfume bottle consists of fluted glass.

You indicated that each bottle has a ground glass stopper. The only difference between two articles is that one includes a rubber “O-ring” on the stopper while the other does not include the “O-ring.”

You stated that these bottles will be used for the storage of perfume by individual consumers within their homes. The bottles will be empty when sold by retailers to the consumers.

Assuming these products were not colored prior to solidification and do not contain bubbles, seeds or stones, the applicable subheading for the glass perfume bottles with ground glass stoppers will be 7013.99.3000, 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: otherperfume bottles fitted with ground glass stoppers. The rate of duty will be 9 percent ad valorem.

If these products were colored prior to solidification and contain bubbles, seeds or stones, the applicable subheading would be 7013.99.1000, HTS, which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes...other glassware: otherglassware 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 15 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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