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NY K87644




September 16, 2004

CLA-2-70:RR:NC1:126:K87644

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.99.3000

Ms. Diane Sutera
S.J. Stile Associates, Ltd.
105 Morris Ave.
Suite 100
Springfield, NJ 07081

RE: The tariff classification of a glass ashtray from Brazil

Dear Ms. Sutera:

In your letter, dated July 7, 2004, on behalf of Owens Brockway Glass Container, you requested a tariff classification ruling.

The product, item 026-30, is a green ashtray that consists of glass.

The information submitted with your letter indicated that this product was colored prior to solidification. However, this information also indicated that the product contains a refining agent designed to stifle the formation of bubbles, seeds or stones.

A sample was submitted with your ruling request. The sample was sent to our Customs laboratory for analysis. This analysis has now been completed.

Although the laboratory found that the glass had been colored prior to solidification, analysis of the sample did not reveal numerous bubbles, seeds or stones throughout the mass of the glass. The laboratory found very few bubbles, seeds or stones in this product. Analysis confirmed that the product contains a refining agent that stifles the formation of bubbles, seeds or stones.

The applicable subheading for the glass ashtray 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 than that of heading 7010 or 7018): 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 Brazil may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP 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.

Sincerely,

Robert B. Swierupski
Director,

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