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NY L88003




October 28, 2005

CLA-2-70:RR:NC:1:126 L88003

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.99.5000

Ms. Francine Marcoux
Hampton Direct, Inc.
350 Pioneer Drive
P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of a glass bud vase from China

Dear Ms. Marcoux:

In your letter dated September 27, 2005, you requested a tariff classification ruling. Photographs and descriptive literature of the two products you wish to import were submitted with your ruling request.

Item number 52010 is described as a “Curved Bud Vase.” The bud vase is composed of clear glass that is slightly bent in the center. It is designed with two openings (one at each end) and a flat base. The flat base helps the vase from tipping over. Flowers can be inserted through each opening of the article. According to the literature that was submitted with your letter, the bud vase can also be used to grow roots from cuttings. The overall measurements of this article are 13 ¾ inches in length by 2 inches in width by 2 ¾ inches in height.

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

The applicable subheading for the glass bud vase 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 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.

With regard to item number 52210, glass hummingbird feeder, we need additional information in order to issue a ruling. Please submit the additional information indicated below.

The submitted literature depicted both a red and blue style of a glass hummingbird feeder. Please submit a sample of each.

According to the literature that was submitted with your ruling request, rainbows of color can be seen in the glass hummingbird feeder. Please describe the precise method of manufacture and the precise manner in which the product was colored.

How was the color within the article produced? Was a genuine source of color such as a pigment or dye inserted into the glassware prior to solidification, was the color simply applied to the surface of the glass (e.g., was the item painted?) or was the article colored in another manner? Was the color simply obtained as a result of the use of recycled glass in the manufacturing process with no new source of color being inserted prior to solidification?

Explain the precise method of coloration applied to the colored glass article. If the item was colored prior to solidification, please indicate the precise chemical or mineral name of the source of color (i.e., the name of the pigment, dye or other source of color inserted into the glass prior to solidification).

Please indicate whether the glass contains many bubbles, seeds or stones. Please indicate whether the product contains any refining agents (e.g., antimony or arsenic oxides) that stifle the formation of bubbles, seeds or stones. If the glass contains refining agents, please indicate the precise chemical or mineral names of these agents.

In addition, please indicate whether the blue spiral effect on the hummingbird feeder is composed of glass. If so, was the blue spiral effect inserted into the larger glass article prior to solidification?

When this information is available, you may wish to consider resubmission of your request on the glass hummingbird feeder – item number 52210.

If you resubmit the request, please submit the samples of the glass hummingbird feeder as well as a copy of your original letter and attachments, along with the additional information requested in this notice.

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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