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NY N024823





March 28, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.99.5000, 7013.99.8000

Ms. Francine Ramsey
Hampton Direct, Inc.
350 Pioneer Drive
P.O. Box 1199
Williston, VT 05495

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

Dear Ms. Ramsey:

In your letter dated March 5, 2008, you requested a tariff classification ruling. A representative sample and photograph of the item you wish to import were submitted with your ruling request.

The submitted sample, designated as “Hummingbird & Daffodil Sun Catcher” – item number 64450, is a large, decorative hanging glass ornament (suncatcher) framed in metal. The suncatcher is composed of transparent glass that was painted on the surface and outlined with iron-colored paint thus creating an illusion of stained glass. The suncatcher, which measures 13” in diameter, features a pair of hummingbirds with daffodils. A metal chain is attached to the top of the article for hanging.

When the suncatcher (item number 64450) is valued over thirty cents but not over three dollars, the applicable subheading will be 7013.99.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides 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.

When the suncatcher (item number 64450) is valued over three dollars but not over five dollars, the applicable subheading will be 7013.99.8000, 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 three dollars but not over five dollars each. The rate of duty will be 11.3 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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