The tariff classification of a pictorial glass article from China

NY F88166 July 17, 2000 CLA-2-70:RR:NC:2:226 F88166 CATEGORY: Classification TARIFF NO.: 7013.99.1000 Mr. Miguel Ruiz Miami International Forwarders 1801 NW 82 Avenue Miami, FL 33126-1013 RE: The tariff classification of a pictorial glass article from China Dear Mr. Ruiz: In your letter dated June 20, 2000, on behalf of your client, LS Arts Inc., you requested a tariff classification ruling. A representative sample of the item was submitted with your ruling request. The subject article (item #8852) is a decorative glass paperweight that measures approximately five inches in height by six inches in width at its broadest point. It consists of a glass shell containing a pictorial scene depicting fish. The pictorial scene itself is made of lamp-worked glass. You indicated in your letter that the pictorial scene (fish) is inserted into the glass shell prior to solidification. In your presentation, you suggested that this article should be classified under subheading 7018.90.50, Harmonized Tariff Schedule of the United States (HTS), which provides for statuettes and other ornaments of lamp-worked glass…: other: other. However, this provision does not apply since the product is not actually an article of lamp-worked glass. Although the fish is made of lamp-worked glass, the larger glass article (shell) is made of ordinary glass. The product is a decorative glass article containing a pictorial scene, not an article of lamp-worked glass. The applicable subheading for the decorative glass article will be 7013.99.1000, HTS, which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes…: other glassware: other: glass pictorial scenes…, embedded or introduced into the body of the glassware prior to its solidification. The rate of duty will be 17 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 212-637-7074. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division