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NY K87534




July 9, 2004

CLA-2-83:RR:NC:N1:113 K87534

CATEGORY: CLASSIFICATION

TARIFF NO.: 8007.00.5000

Mr. Corey Klestadt
Trans-World Shipping Corp.
Cargo Bldg. 68
JFK International Airport
Jamaica, NY 11430

RE: The tariff classification of a perfume bottle from China.

Dear Mr. Klestadt:

In your letter dated June 29, 2004, you requested a ruling on behalf of Two's Company, Inc. on tariff classification.

The sample you provided is a “Paisley Austrian Crystal Perfume Bottle.” The bottle is of enameled pewter in a cutout paisley design. It is decorated with crystals. The body of the bottle is 6.5 cm. tall and 4 cm. at its widest point. Inside the body is a glass bottle 3 cm. long and about 1 cm. in diameter. The bottle is topped by a metal/crystal stopper, 3.5 cm. long. Although the item is used to hold perfume, in our opinion, when compared to the glass bottle, the overwhelming weight, bulk and attractiveness of the metal portion gives this item its essential character.

We note that the retail package is marked “Austrian Crystal,” although the item itself is made in China. The marking “Made in China” is found in the underside of the bottle in small print. Before importing the item, we suggest you contact your local Customs port for advice on proper country-of-origin marking.

The applicable subheading for this product will be 8007.00.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of tin, other. The general rate of duty will be 2.8percent ad valorem .

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

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 James Smyth at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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