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NY N003042




November 30, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.39.2000

Ms. Yolanda Massey
Michaels
8000 Bent Branch Drive
Irving, Texas 75063

RE: The tariff classification of glass storage articles from China

Dear Ms. Massey:

In your letter dated October 16, 2006, you requested a tariff classification ruling regarding two small glass storage articles – SKU # 10354885 and SKU #10354884.

Samples were submitted with your ruling request.

SKU # 10354885 is circular glass storage article measuring 4.5 inches in height and 2.5 inches in diameter. SKU # 10354884 is a square glass storage article measuring 4.5 inches in height and 2.5 inches in diameter.

In a telephone conversation with this office, you indicated that the value of each of these items is not over three dollars.

      The applicable subheading for the glass storage articles will be 7013.39.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposesglassware of a kind used for table (other than drinking glasses) or kitchen purposesother: other: valued not over three dollars each. The rate of duty will be 22.5 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Pursuant to title 19 United States Code, Section 3005 The Harmonized Tariff Schedule of the United States is expected to be amended effective 1/1/07. The amendments are expected to affect the classification of your merchandise. Pursuant to Section 3005 c, the report recommending those changes has been sent to the President for proclamation of the changes. Upon the expiration of sixty legislative days, in the absence of Congressional action, the recommended changes will become law. Accordingly based on that recommendation, it is anticipated that your merchandise will be classified in subheading 7013.49.20 under the 2007 Harmonized Tariff Schedule. Under the circumstances, this classification under the 2007 tariff is advisory only.

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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