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NY L82351




February 25, 2005

CLA-2-70:RR:NC:1:126 L82351

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.99.8000

Mr. Mike Stone
Global Village Glass Studios, Inc.
600 N.W. 40th Street
Seattle, WA 98107

RE: The tariff classification of a decorative glass article from China

Dear Mr. Stone:

In your letter dated January 27, 2005, you requested a tariff classification ruling. Four representative samples and a catalogue depicting the items you wish to import were submitted with your ruling request.

The submitted sample, designated as item number 207 - “Crystal Tree with Light Base”, is a molded clear glass cone-shaped article with an exterior spiral-ribbed design encircling the item. The article is decorated with red, white and blue objects inside the glass. A battery-operated plastic light base will be imported with the product. When the light base is turned on, it will create a decorative effect on the glass. The glass article measures approximately seven and one-half inches in height.

In a telephone conversation with this office, you indicated that the unit value of the glass article (without the base) is over $3.00 but not over $5.00.

In your letter you suggest that item number 207 should be classified under 9505.10.5020, HTS, which provides for festive...articles for Christmas festivities and parts and accessories thereof: other, other. This provision does not apply since the item is not a symbol of the holiday.

The applicable subheading for the decorative glass article - item number 207 - 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 purposesother glassware: other: other: other: valued over three dollars 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.

In order to issue a ruling on item numbers 274, 269 and 263, we need the following additional information. Please submit the additional information indicated below.

In your letter, you stated that you wish to receive a classification ruling on all four styles of “Holiday Trees with Ornaments”. In order to issue a ruling on these items, a sample of each style should be submitted with your ruling request. Please limit your ruling request to no more than five items.

You stated in your letter that item numbers 274, 269 and 263 are entirely produced from lampworking i.e., - produced by melting and shaping glass rods over a flame to form a finished product. The blue tree and the clear tree are somewhat larger than items usually claimed to be lampworked. For each of the above items (including the ladybug ornaments and the winter white ornaments), please submit a video documenting the lampworked process. The video should show each step employed in the production of these articles. If each product is produced by means other than lampworking, please explain this work.

Please indicate whether these items have been colored prior to solidification. Has a genuine source of color (e.g., a pigment or a dye) been inserted into the glass prior to solidification? If so, please provide the precise chemical or mineral name of the material which gives the product its color, and please describe each step in the process of producing and coloring these articles.

Are these items colored in some other way - e.g., simply painted, produced from recycled glass, etc.? If so, please explain.

Do these items contain bubbles, seeds or stones throughout the mass of the glass?

Do these items contain any refining agents (e.g., antimony or arsenic oxides or dioxides) that stifle the formation of bubbles, seeds or stones? Please provide the precise chemical or mineral names of any refining agents in these products.

When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include the samples as well as your original letter and the additional information requested in this notice.

Please mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: 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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