The tariff classification of decorative glass articles from China

N090381 January 29, 2010 CLA-2-70:OT:RR:NC:N4:426 CATEGORY: Classification TARIFF NO.: 7013.99.9000 Ms. Wendy Lawson Sears Holdings Corp. Dept. 733IMP - A3-368B3333 Beverly Road Hoffman Estates, IL 60179 RE: The tariff classification of decorative glass articles from China Dear Ms. Lawson: In your letter dated December 23, 2009, you requested a tariff classification ruling regarding solar lighted gazing balls - item numbers 820014571962A and 820014571962B. Samples of the two articles were submitted with your ruling request. However, one of the articles was destroyed in transit. In accordance with your request, the other sample will be returned to you. Each product is eight inches tall. Each consists of a glass gazing ball with a metal hanger and a polyresin base. Your letter indicates that the glass ball is attached to the base with glue. The glass which comprises style 820014571962A is clear with a silver color appearing on part of the surface, while the glass which comprises style 820014571962B is green. In your letter, you indicated that the color on the green item is sprayed on the surface of the glass after solidification. In a telephone conversation, you advised our office that the silver color on the clear item is sprayed on the surface of the glass after solidification. The essential character of each product is imparted by the glass component. In your letter you indicated that these decorative articles will be used on lawns and in gardens. You stated that the unit value of each article is over five dollars. The applicable subheading for the decorative glass articles will be 7013.99.9000, 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 three dollars each: other: valued over five dollars each. The rate of duty will be 7.2 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, National Commodity Specialist Division