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NY K86654




July 6, 2004
CLA-2-70:RR:NC1:126:K86654

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.29.2000

Ms. Carmen Carballo
S.J. Stile Associates Ltd.
105 Morris Avenue
Suite 100
Springfield, NJ 07801

RE: The tariff classification of drinking glasses from Brazil

Dear Ms. Carballo:

In your letter dated June 9, 2004, on behalf of your client, Owens Brockway Glass Container, you requested a tariff classification ruling.

Five representative samples were submitted and will be returned to you as requested.

Item #408, which you describe as “Liverpool Nautico”, is a cylindrical-shaped drinking glass measuring approximately 5 ¼ inches in height and 2 ½ inches in diameter at the top opening. The exterior surface of the article has a nautical motif.

Item #412, which you describe as “Liverpool Geometric”, is a cylindrical-shaped drinking glass measuring approximately 5 ¼ inches in height and 2 ½ inches in diameter at the top. The exterior surface of the article has a black and white geometric design.

Item #364, which you describe as “Milano Rocks”, is a glass tumbler measuring approximately 3 ¼ inches in height and 2 ¾ inches in diameter at the top opening.

The applicable subheading for the three drinking glasses - item numbers 408, 412, and 364 will be 7013.29.2000, 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 than that of heading 7010 or 7018): drinking glasses, other than of glass ceramics: other: valued over thirty cents but not over three dollars each. The rate of duty will be 22.5 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.

In order to issue a ruling on item #244 - “Linha Frutti Green” and item #263 - “Linha Linea Blue”, we need the following additional information. Please submit the additional information indicated below.

In your letter, you indicated that item #244 - “Linha Frutti Green” and item #263- “Linha Linea Blue” are drinking glasses

Please submit any available advertising or marketing literature documenting that items 244 and 263 are in fact being used and marketed in the United States as drinking glasses.

Do these items have any other uses - e.g., jars to store foods, general- purpose decorative glass articles, etc.?

If so, please document these uses. Submit any available advertising and marketing literature documenting each of these uses.

If item numbers 244 and 263 (Linha Frutti Green and Linha Linea Blue glasses) have more than one use, please indicate the percentage of the consumers in the United States who will use each of these articles for each purpose - as drinking glasses, as jars, etc.

When this information is available, you may wish to consider resubmission of your ruling request.

If you resubmit the request, please resubmit the samples (item numbers 244 and 263) as well as a copy of your original letter and attachments, along with the additional information requested in this notice.

Please mail your request to U.S. Customs and Border Protection, One Penn Plaza, 10th Floor, Customs Information Exchange, attention: 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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