The tariff classification of four drinking glasses and one ceramic stein from Germany

NY G87010 February 28, 2001 CLA-2-70:RR:NC:2:226 G87010 CATEGORY: Classification TARIFF NO.: 7013.29.2000, 6913.90.5000 Mr. Steven P. Ragge BeerGlasshopper.com 3263 Avon Manor Rd. Rochester Hills, MI 48307 RE: The tariff classification of four drinking glasses and one ceramic stein from Germany Dear Mr. Ragge: In your letter dated January 29, 2001, on behalf of BeerGlasshopper.com, you requested a tariff classification ruling. Representative samples of the items were submitted and will be returned to you as requested. The first sample, which is identified as “Glaskrug 1 liter”, is a large clear glass mug with handle that measures approximately eight inches in height and four inches in diameter at the opening. You indicated that the unit value of this item is $2.05. The second sample, which is identified as “Isarseidel 05”, is a clear glass mug with handle that measures approximately six and one-half inches in height and three inches in diameter at the opening. The “Herrnbrau” logo appears on the exterior surface of the glass. The unit value of this item is $1.35. The item is marked “Austria”. The third sample, which is identified as “Weizenglas 05”, is a large tapered cylindrically-shaped beer glass that measures approximately 10 inches in height and three inches in diameter at the opening. The “Herrnbrau” logo appears on the exterior surface of the glass. The unit value of this item is $1.35. The fourth sample, which is identified as “Bavariabecher 05”, is a cylindrically-shaped beer glass that measures approximately eight inches in height and three inches in diameter at the opening. The “Herrnbrau” logo appears on the exterior surface of the glass. The unit value of this item is $1.10. The last sample, which is identified as “Jahreskrug”, is a decorative ceramic stein with pewter lid and acorn-shaped thumb lift atop of the handle. It measures approximately seven inches in height and two and three-quarter inches in diameter at the opening. The exterior surface depicts a picturesque scene of Germany in addition to some German wording and the logo “Herrnbrau”. The marking on most of the articles contains references to German place names including Bavaria and Ingolstadt. The applicable subheading for the four drinking glasses will be 7013.29.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes…: drinking glasses, other than glass-ceramics: other: other: valued over $0.30 but not over $3 each. The rate of duty will be 24.8 percent ad valorem. The applicable subheading for the ceramic stein will be 6913.90.5000, HTS, which provides for other ornamental ceramic articles, other than of porcelain or china, other. The rate of duty will be 6 percent ad valorem. In your presentation, you ask whether or not each item must be individually marked with the country of origin. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. You indicated in your letter that the country of origin of each article is Germany; however, item number two is marked “Austria”. Each item actually made in Germany must be marked “Germany" in a legible, indelible, permanent and conspicuous manner. If any article is actually made in Austria, the product must be marked “Made in Austria” in a legible, indelible, permanent and conspicuous manner. The lettering of the words “Made in Austria” must be at least as large and conspicuous as the lettering for any German place names. The marking “Made in Austria” must be in close proximity to any German place names. A sample of the marking to be used should be submitted to the Import Specialist at the intended port of entry for approval. 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