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NY M85225




August 10, 2006

CLA-2-70:RR:NC1:126: M85225

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.99.5000

Mr. Steven Marlow
FedEx Trade Networks
205 West Service Road
Champlain, NY 12919

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

Dear Mr. Marlow:

In your letter dated July 10, 2006, on behalf of America’s Gardening Resource, you requested a tariff classification ruling.

A sample was submitted with your ruling request. In accordance with your request, the sample will be returned to you.

The product - referred to as an “aroma drop” - is a round article of decorative glass designed in a manner that would permit it to be hung from a window. The top portion of the product includes a loop-like section with a hole that would allow the user to hang this article. The item is designed in manner that would allow the user to fill it with essential oils.

The “aroma drop” is hollow within. The body of the glass includes both clear sections and swirls of color.

You stated that the value of the “aroma drop” is over thirty cents but not over three dollars.

In your letter you suggested that this merchandise could be classified in subheading 7013.99.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for glassware colored prior to solidification, and characterized by random distribution of numerous bubbles, seeds or stones throughout the mass of the glass. In order to be classified as colored bubble glassware in subheading 7013.99.10, HTSUS, a decorative glass article must consist entirely of glass that has been colored prior to solidification and must contain bubbles, seeds or stones throughout the glass. The color in this type of article must be present throughout the body of the article. The “aroma drop” only contains some swirls of color and many clear sections. It is not colored throughout the body of the article. Therefore, this product is not classifiable in subheading 7013.99.10, HTSUS.

The applicable subheading for the “aroma drop” decorative glass article will be 7013.99.5000, HTSUS, 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,
National Commodity

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