The tariff classification of decorative glass articles from China

N246296 December 16, 2013 CLA-2-70:OT:RR:NC:2:226 CATEGORY: Classification TARIFF NO.: 7013.99.9000 Mr. Jose Gonzalez HSN 1 HSN Drive St. Petersburg, FL 33729 RE: The tariff classification of decorative glass articles from China Dear Mr. Gonzalez: In your letter dated September 5, 2013, you requested a tariff classification ruling regarding Item Number 2136930, “Mercury Glass Ornaments with LED Lights”. A representative sample was submitted with your ruling request. The subject merchandise, “Mercury Glass Ornaments with LED Lights” - Item Number 2136930, consists of three glass hollow spheres in various colors and sizes. The three articles are packaged together for retail sale as a set. Your letter indicates that they will be imported in this condition. Each item has a spotted pattern in either a gold or red color. You stated in your letter that the color is painted on the surface. The globes measure approximately twenty centimeters in diameter for the largest size, fifteen centimeters in diameter for the second largest size and twelve centimeters in diameter for the smallest size. The individual color for each of the globes is gold, red, and gold, respectively. Each glass sphere has an opening at the base that is fitted with wires for a light emitting diode (LED) in a plastic housing, a battery pack compartment and an on/off operating switch. You state in your letter that the color is painted on the surface and there are no special effects inserted into the glass. The samples were sent for analysis to our U.S. Customs and Border Protection Laboratory. Our laboratory has now completed its analysis. Our laboratory’s analysis of the “Mercury Glass Ornaments with LED Lights,” Item Number 2136930, has determined that the glass items are not colored prior to solidification and do not contain any bubbles, seeds or stones. You advised our office that the unit value of the smallest of the three ornaments is over three dollars but not over five dollars. You also stated that the unit value of each of the two larger articles is over five dollars. The essential character of the merchandise is imparted by the two ornaments which are over five dollars. The applicable subheading for the “Mercury Glass Ornaments with LED Lights,” Item Number 2136930, 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, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division