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NY K85583




May 17, 2004
CLA-2-70:RR:NC:1:126 K85583

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.39.2000, 7013.99.3000

Ms. Carmen Carballo
S.J. Stile Associates Ltd.
105 Morris Avenue
Suite 100
Springfield, NJ 07081

RE: The tariff classification of two glass pitchers, one glass bottle, one glass shaker and one glass ashtray from Brazil and/or Colombia

Dear Ms. Carballo:

In your letter dated April 27, 2004, on behalf of your client, Owens Brockway Glass Container, you requested a tariff classification ruling. Representative samples were submitted with your ruling request. These samples are being returned to you.

Item #3304 is a green rectangular-shaped glass bottle with a removable twist-off plastic pouring spout lid and a raised fruit design molded into the glass. It has a 1.5-liter volume capacity and measures approximately 8 ½ inches in height and 2 ½ inches in diameter at the opening. You stated that the country of origin is Brazil.

Item #122.50 (blue) and item #124.50 (green) are two glass pitchers with an open handle and a pouring spout shaped rim at the opening. Each glass pitcher has a raised fruit design that is molded into the body of the glass. The measurements are 8 ½ inches in height and 4 inches in diameter at the top (including pouring spout). You stated that the country of origin is Brazil.

Item #0478 is a glass salt shaker measuring approximately 3 ½ inches in height and 1 inch in diameter at the opening. The article is composed of clear glass and has a removable plastic perforated lid. You stated that the country of origin is Colombia.

You stated in your letter that the unit value of each glass pitcher, the glass bottle and the glass salt shaker is not over $3.00.

The applicable subheading for the glass bottle, the two glass pitchers and the glass salt shaker will be 7013.39.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for glassware of a kind used for table (other than drinking glasses) or kitchen purposes other than that of glass-ceramics: other: other: valued not over $3.00 each. The rate of duty will be 22.5 percent ad valorem.

Articles classifiable under subheading 7013.39.2000, HTS, which are products of Colombia, may be entitled to duty free treatment under the Andean Trade Preference Act (ATPA) upon compliance with all applicable regulations. The ATPA 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 ATPA, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" then search for the term "ATPA".

Item #0127 is an ashtray composed of clear glass. The ashtray measures approximately 3 inches in diameter and 1 ¼ inches in depth. The item features three evenly spaced indentations. The indentations are designed to hold a cigarette in place. You stated that the country of origin is Colombia.

The applicable subheading for the clear-colored glass ashtray will be 7013.99.3000, HTS, which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes: other glassware: other: other: smokers’ articles. The rate of duty will be 9 percent ad valorem.

Articles classifiable under subheading 7013.99.3000, HTS, which are products of Colombia, 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.

In order to issue a tariff classification ruling on item #026-30 - green-colored glass ashtray, we need the following information. Please submit the additional information indicated below.

Please indicate whether this product has been colored prior to solidification. Has a genuine source of color (e.g., a pigment or a dye) been inserted into the glass prior to solidification? If so, please provide the precise chemical or mineral name of the material which gives the product its color, and please describe each step in the process of producing and coloring this article.

Is this product colored in some other way –e.g., simply painted, produced from recycled glass, etc.? If so, please explain.

Does this product contain bubbles, seeds or stones throughout the mass of the glass?

Does this item contain any refining agents (e.g., antimony or arsenic oxides or dioxides) that stifle the formation of bubbles, seeds or stones? Please provide the precise chemical or mineral names of any refining agents in this product.

When this information is available, you may wish to consider resubmission of your ruling request. If you resubmit the request, please resubmit the sample and a copy of your original letter, along with the additional information requested in this notice.

Please mail your request to US Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

If you have any questions regarding the above, contact National Import Specialist Jacob Bunin at 646-733-3027.

Sincerely,

Robert B. Swierupski
Director,

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