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NY L82833





April 1, 2005

CLA-2-70:RR:NC1:126: L82833

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.99.4000; 7013.99.5000

Ms. Debbie Kohser
Blue Ribbon Pet Products, Inc.
75 Modula Avenue
Commack, NY 11725

RE: The tariff classification of a fish bowl and lamp from China

Dear Ms. Kohser:

In your letter dated March 4, 2005, you requested a tariff classification ruling regarding a glass fish bowl and a lamp.

A sample was submitted with your ruling request. The sample will be returned to you in accordance with your request.

The merchandise consists of a glass fish bowl plus a plastic lamp including a wire cable and UL transformer.

In a telephone conversation with this office you indicated that in their imported condition the fish bowl and the lamp are packed together ready for retail sale as a set.

The fish bowl imparts the essential character to this set. The lamp is of secondary importance. It is designed to illuminate the fish bowl.

When the glass fish bowl alone is valued not over thirty cents, the applicable subheading for the glass fish bowl and the lamp 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: other: valued not over thirty cents each. The rate of duty will be 38 percent ad valorem.

When the glass fish bowl alone is valued over thirty cents but not over three dollars, the applicable subheading for the glass fish bowl and the lamp 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 thirty cents but not over three dollars 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.

Sincerely,

Robert B. Swierupski
Director,

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