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NY K89532




October 5, 2004

CLA-2-70:RR:NC:1:126 K89532

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.99.8000

Ms. Cheryl Santos
CVS Pharmacy
1 CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of two glass waterglobes from China

Dear Ms. Santos:

In your letter dated September 14, 2004, you requested a tariff classification ruling.

The subject merchandise, which is referred to as CVS item number 275034, is a 100mm glass waterglobe atop an artificial stone base. Two styles of this product were submitted with your ruling request. Each globe is filled with artificial snow flakes and a three-dimensional artificial stone snowman figurine that resembles frosted glass. Each item includes an electronic sound chip which plays various Christmas tunes such as “Jingle Bells”, “We wish you a Merry Christmas” and “Santa Claus is coming to Town”. The music can be heard when the on/off switch is activated. Each item also illuminates with changing colors activated by a second setting of the on/off switch.

You stated in your letter that the glass waterglobes will be marketed and sold during the Christmas season. Although this product is being sold during the Christmas season, a snowman is not a symbol of Christmas. Also, there is no need to listen to the music to get the light show. This product is not limited to use at Christmas and can be displayed all year round.

You indicated in your letter that the unit value each glass watergobe is over three dollars but not over five dollars.

The applicable subheading for the two glass waterglobes will be 7013.99.8000, 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: other: valued over three dollars each but not over five dollars each. The rate of duty will be 11.3 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,

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