The tariff classification of glass articles from China

N183188 September 27, 2011 CLA-2-70:OT:RR:NC:N2:226 CATEGORY: Classification TARIFF NO.: 7013.99.5000; 9405.50.4000 Mr. Dennis Morse BDP International, Inc. 2721 Walker Avenue N.W. Grand Rapids, MI 49504 RE: The tariff classification of glass articles from China Dear Mr. Morse: In your letter, dated August 29, 2011, on behalf of Meijer Distribution, you requested a tariff classification ruling regarding two glass articles – item numbers 3010106 and 3010113. Samples were submitted with your ruling request. In accordance with your request, these samples will be returned to you. The diameter of the opening of item number 3010106 measures 4.25 inches and the depth of this article measures 5.75 inches. The diameter of the opening of item number 3010113 measures 3.75 inches and the depth of this article measures 3.25 inches. Although your letter describes each of these articles as a “candle holder,” item number 3010106 has a vase- like form. This article has the form of a general purpose household/decorative article capable of holding a wide variety of items. It does not have the design of a lamp or lighting fitting. On the other hand, item number 3010113 has a design which is common for a candle holder. You advised our office that the unit value of item number 3010106 is over thirty cents but not over three dollars. The applicable subheading for item number 3010106 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 thirty cents but not over three dollars each. The rate of duty will be 30 percent ad valorem. The applicable subheading for item number 3010113 will be 9405.50.4000, HTSUS, which provides for lamps and lighting fittings…non-electrical lamps and lighting fittings: other: other. The rate of duty will be six 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