The tariff classification of glass articles from China

NY M83282 June 16, 2006 CLA-2-70:RR:NC1:126: M83282 CATEGORY: Classification TARIFF NO.: 7013.99.5000; 9405.50.4000 Mr. Joseph R. Hoffacker Barthco Trade Consultants The Navy Yard 5101 South Broad Street Philadelphia, PA 19112-1404 RE: The tariff classification of glass articles from China Dear Mr. Hoffacker: In your letter, dated May 23, 2006, you requested a tariff classification ruling, on behalf of At Home America, regarding two glass articles on metal stands from China, item# 12107434. Samples were submitted with your ruling request. In accordance with your request, the samples will be returned to you. Each article consists of a cylindrical glass body on a metal stand. The size of the opening for the smaller article is approximately four inches and the depth is approximately five inches. The size of the opening for the larger article is approximately five inches and the depth is approximately 6.5 inches. In your letter you describe both of these products as candleholders. However, only the smaller article will be regarded as a candleholder. Based on its size, the larger article is capable of holding a wide variety of items. It will not be regarded as a candleholder. The information in your letter indicates that the value of the larger product is over thirty cents but not over three dollars. The applicable subheading for the larger glass article on a metal stand (the product with an an opening of approximately five inches and a depth of approximately 6.5 inches) will be 7013.99.5000, Harmonized Tariff Schedule of the United States (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 $0.30 but not over $3.00. The rate of duty will be 30 percent ad valorem. The applicable subheading for the smaller glass article on a metal stand (the product with an opening of approximately four inches and a depth of approximately five inches) will be 9405.50.4000, HTSUS, which provides for non-electrical lamps and lighting fittings: other: other The rate of duty will be six percent ad valorem. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). 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/. 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, National Commodity Specialist Division