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NY N005396




February 7, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.99.5000

Ms. Nikki Wilson
Mallory Alexander International Logistics 1100 Temple Street
Little Rock, AR 72202

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

Dear Ms. Wilson:

In your letter dated January 3, 2006, you requested a tariff classification ruling, on behalf of Aromatique, regarding a glass article (Item ACP421 – Leopard bottle).

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

The product is a decorative/toilet article in the form of a square glass bottle with a gold colored metal cap. The body of the glass bottle is darkly colored.

According to your letter, an essential oil and wick will be added to the bottle after importation, allowing the product to be used as a fragrance article.

Your letter indicates that the value of the item is over thirty cents but not over three dollars.

You state that the product is colored prior to solidification.

In your letter you express the opinion that the article should be classified in subheading 7013.99.1000, Harmonized Tariff Schedule of the United States (HTSUS), under the provision for glassware colored prior to solidification and characterized by random distribution of numerous bubbles, seeds or stones, throughout the mass of the glass. Although you indicate that the product was colored prior to solidification, it does not appear to contain bubbles, seeds or stones. You advised our office that in fact the product does not contain any bubbles, seeds or stones. Therefore, it cannot be classified in subheading 7013.99.1000, HTSUS, under the provision for glassware colored prior to solidification and characterized by random distribution of numerous bubbles, seeds or stones, throughout the mass of the glass.

      The applicable subheading for this decorative/toilet 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.

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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