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NY R00297




May 18, 2004
CLA-2-70:RR:NC:1:126 R00297

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.99.5000

Mr. Dennis Alan Morse
BDP International
2721 Walker NW
Grand Rapids, MI 49504

RE: The tariff classification of three glass articles from China

Dear Mr. Morse:

In your letter dated April 20, 2004, on behalf of your client, Meijer Distribution, you requested a tariff classification ruling. Representative photographs of the items you wish to import were submitted with your ruling request.

Item #547404 is a circular clear glass article measuring approximately 4 inches in diameter and 3/4 inch in thickness.

Item #547327 and item #84907 are two decorative glass plates with a mosaic design. Each plate is composed of glass chips that are bonded onto the exterior surface of the article. You indicated in your letter that each plate measures approximately 0.5 inches in height.

In your letter, you state your opinion that these articles should be regarded as candle holders. However, the products are in the form of general-purpose decorative articles that can be used to hold potpourri, fruit, and numerous other household items. A candle is only one of the numerous items that these products are capable of holding. Therefore, these articles will not be regarded as candle holders.

You stated in your letter that the unit value of each glass article is over $0.30 but not over $3.00.

The applicable subheading for the three decorative glass articles will be 7013.99.5000, 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 $0.30 but not over $3.00 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.

In order to issue a ruling on the item you describe as “aluminum pillar platter”, please submit a sample and include a style number or brand name.

When this information is available, you may wish to consider resubmission of your request. If you resubmit the request, please submit a sample and a copy of your original letter, 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 Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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