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NY M82350




May 1, 2006

CLA-2-69:RR:NC1:126: M82350

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.91.3000; 7013.91.5000

Mr. Mark Salomon
Manon
217 North Avenue
New Rochelle, NY 10801

RE: The tariff classification of lead crystal glass ornaments

Dear Mr. Salomon:

In your letter, dated April 3, 2006, you requested a tariff classification ruling regarding four glass ornaments.

Samples of these products were submitted with your ruling request.

These items include two glass blossoms (items 550043 and 550046) and two glass blossoms with stems (items 550086 and 550084).

Each of these products is a decorative glass article in its own right.

In your letter you stated that each of the articles contains over 24 percent lead monoxide by weight.

According to the information in your letter, items 55043, 550046 and 550084 are valued over three dollars but not over five dollars each.

Your letter indicates that item 550086 is valued over five dollars.

You had asked whether the glass articles could be classified as “imitation precious or semiprecious stones and similar glass smallwares” in heading 7018, Harmonized Tariff Schedule of the United States (HTSUS). This provision is not applicable because these products are not in fact imitation precious or semiprecious stones or similar smallwares. They are decorative glass articles (in the form of glass blossoms and glass blossoms with stems) classifiable in heading 7013, not heading 7018.

You also asked whether this merchandise could be classified as ornaments of lampworked glass in heading 7018. However, you advised us that these products are not in fact produced by lampworking – the process of melting and shaping glass rods over a flame. Since these glass articles are not produced by lampworking, they cannot be classified as ornaments of lampworked glass in heading 7018.

In addition, in a telephone conversation with this office, you asked whether the glass blossoms could be classified as other articles of glass in heading 7020, HTSUS. Heading 7020 is not applicable for the following reasons.

Whether or not the glass blossoms will be attached to glass stems, these blossoms are decorative articles in their own right. The glass blossoms (even without the stems) have the appearance of decorative ornaments. These ornaments depict recognizable objects (blossoms); they do not have the appearance of mere parts. Since they are decorative glass articles, the blossoms must be classified under the provision that covers glassware for indoor decoration in heading 7013. Clearly, heading 7013 provides for these ornamental items in a more specific manner than the broad provision of heading 7020 which simply covers “other” glass articles.

The applicable subheading for the lead crystal glass ornaments item 550084 (blossom with stem), item 550043 (blossom) and item 550046 (blossom) will be 7013.91.3000, HTSUS, which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 7010 or 7018): other glassware: of lead crystal: valued over three dollars but not over five dollars each. The rate of duty will be 10.5 percent ad valorem.

The applicable subheading for the lead crystal glass ornament item 550086 (blossom with stem) will be 7013.91.5000, HTSUS, which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 7010 or 7018): other glassware: of lead crystal: valued over five dollars each. The rate of duty will be 6 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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