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NY K89580




October 18, 2004

CLA-2-70:RR:NC1:126:K89580

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.99.5000

Ms. Pat Endicott
Wal-Mart Logistics
MS# 0410-L-32
601 N. Walton Blvd.
Bentonville, AR 72716-0410

RE: The tariff classification of decorative glass articles from China

Dear Ms. Endicott:

In your letter dated September 14, 2004 you requested a tariff classification ruling regarding four decorative glass articles – Styles F4ZB246A, F4ZB246B, GL1016-2 and F4AA999.

Samples were submitted with your ruling request and will be returned to you as requested.

Style F4ZB246A is a small decorative glass bottle with a cork. The height of this item is 4.5 inches. Your letter indicates that the product consists of clear glass that has been sprayed with a blue color.

Style F4ZB246B is a small beaker-shaped glass vase. The height of this item is 4.5 inches. Your letter indicates that the product consists of clear glass that has been sprayed with a magenta color.

Style GL1016-2 is a glass perfume bottle with a glass applicator. The height of this item is 5 inches. Your letter indicates that the product consists of clear glass that has been sprayed with a lavender color.

Ms. Rona Martfeld of your firm advised our office that the value of each of these glass articles is over thirty cents but not over three dollars.

In your letter you suggest that Styles F4ZB246B and GL 1016-2 should be classified in subheading 7013.99.3000, Harmonized Tariff Schedule of the United States (HTS) as glass perfume bottles fitted with ground glass stoppers. However, Style F4ZB246B is a small beaker-shaped glass vase. It is not a perfume bottle fitted with a ground glass stopper. While Style GL 1016-2 is a glass perfume bottle, it is not fitted with a ground glass stopper. This product has an applicator made of ordinary glass, not ground glass. Therefore, subheading 7013.99.3000 does not apply to Styles F4ZB246B and GL 1016-2.

The applicable subheading for the decorative glass articles Styles F4ZB246A, F4ZB246B and GL 1016-2 will be 7013.99.5000, 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: other: valued over thirty cents but not over three dollars each. The rate of duty will be 30 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.

Regarding Style F4AA999, we need additional information in order to issue a ruling. Please submit the additional information indicated below for Style F4AA999.

In your letter you stated that Style F4AA999, a red egg-shaped glass perfume bottle, was colored prior to solidification. Please indicate the precise chemical or mineral name of the material (e.g., pigment or dye) inserted into the glass prior to solidification.

Style F4AA999 appears to contain various bubbles, seeds or stones. However, because of the dark red color, it is difficult for us to ascertain the approximate number of these bubbles, seeds or stones. Approximately how many bubbles, seeds or stone does this item contain? Please indicate whether or not the article contains any refining agent (e.g., antimony or arsenic oxide or dioxide) that stifles the formation of bubbles, seeds or stones. If so, please indicate the precise chemical name of this refining agent.

While Style F4AA999 includes a glass stopper, this stopper does not appear to be made of ground glass. Please explain how the stopper is manufactured. Is it made of ground glass or ordinary glass?

When this information is available, you may wish to consider resubmission of your ruling request on Style F4AA999.

If you resubmit the request on Style F4AA999, please resubmit the sample of this product and a copy of your original letter, along with the additional information requested in this notice.

Please mail your request to 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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