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NY L83845




April 22, 2005

CLA-2-70:RR:NC:1:126 L83845

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.99.4000, 7013.99.5000

Mr. Armando Lira
Daltile Corporation
7834 CF Hawn Freeway
Dallas, TX 75217

RE: The tariff classification of glass tiles from China

Dear Mr. Lira:

In your letter dated April 5, 2005, you requested a tariff classification ruling. Representative samples of the items you wish to import were submitted with your ruling request.

You indicated in your letter that the submitted samples are blue-colored glass tiles that will be imported in the following three sizes: 1” x 5 7/8”, 2 7/8” x 5 7/8” and 4 1/8” x 4 1/8”, each tile is 1/8” thick. The glass tiles are cut to size, fired and the back of the each tile is painted. You stated that the glass tiles are neither pressed nor molded. You indicated that the tiles are intended for wall applications.

You stated in your letter that the unit value of the 1” x 5/78” glass tile is not over $0.30. The unit value of each of the other two glass tiles is over $0.30 but not over $3.00

The applicable subheading for the glass tile measuring 1” x 5/78” will be 7013.99.4000, 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 not over $0.30 each. The rate of duty will be 38 percent ad valorem.

The applicable subheading for the two glass tiles measuring 2 7/8” x 5 7/8” and 4 1/8” x 4 1/8” 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 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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