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NY R03969




June 6, 2006

CLA-2-70:RR:NC:1:126 R03969

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.39.2000

Mr. Troy D. Crago
Atico International USA, Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of a glass decanter set from China

Dear Mr. Crago:

In your letter dated May 18, 2006, you requested a tariff classification ruling. A photograph of the item was submitted with your ruling request.

The subject merchandise, item number C039GA02082, is a 4-piece glass decanter set. The set includes one decanter, two wine glasses and one metal drying holder. The volume capacity of the decanter is 68 ounces and the volume capacity of each glass is 10 ounces.

You stated in a telephone conversation that the decanter, two glasses and metal holder will be packed together for retail sale in their imported condition.

      You stated in your letter that each glass is valued over thirty cents but not over three dollars. The value of the decanter is valued over thirty cents but not over three dollars.

The essential character of the set is imparted by the glass decanter. It is the central piece and the focus of the set when the merchandise is being used to serve liquid refreshments.

The applicable subheading for the 4-piece glass decanter set will be 7013.39.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for glassware of a kind used for table (other than drinking glasses) or kitchen purposes, other than of glass-ceramics: other: 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/.

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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