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NY L83769




April 15, 2005

CLA-2-70:RR:NC:1:126 L83769

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.99.5000

Mr. Troy D. Crago
Atico International USA, Inc.
501 South Andrews Avenue
Ft. Lauderdale, FL 33301

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

Dear Mr. Crago:

In your letter dated March 29, 2005, you requested a tariff classification ruling. A representative sample of the item was submitted with your ruling request. The sample is being returned.

The submitted sample, designated in your letter as item number C072AA01743, is a decorative star-shaped article composed of clear glass edged in a gold metal frame. The glass star is attached to a gold metal base. A 1 ½ inch gold metal holder, which is designed to accommodate a tealight candle, is attached to the back of the metal base. The complete article measures approximately 5 inches in height. You stated in a telephone conversation that the glass article will be imported without the candle.

You indicated in your letter that this item will be imported in six assorted styles: tree, snowman, star, sleigh, snowflake and angel.

Although this product can accommodate a candle, the illumination of a lit candle only serves to enhance the decorative glass article.

You indicated in your letter that the unit value of this item is over $0.30 but not over $3.00 each.

The applicable subheading for the decorative glass article – item number C072AA01743 - 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: other: valued over $0.30 but not over $3.00. 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.

Sincerely,

Robert B. Swierupski
Director,

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