CLA-2-70:RR:NC:1:126

Ms. Sharon O’Day
Amdrex Corporation
2427 SW 31 Place
Hallandale, FL 33009

RE: The tariff classification of decorative glass smallwares from China

Dear Ms. O’Day:

In your letter dated May 16, 2008, you requested a tariff classification ruling regarding colored glass smallwares.

A sample of one glass smallware was submitted with your ruling request.

In your letter you stated that the items will be produced in the following manner. The manufacturer will crush slabs of glass, tumble the resulting pieces to remove sharp edges, and then size and bag these pieces.

You stated that the manufacturer produces the items in two size ranges: 0.50-0.75 inch and 0.75-2.0 inches.

According to your letter, the glass pieces will be used in landscaping for a decorative effect.

You stated that these glass smallwares will be produced in different colors and will be imported in 18 kg poly bags.

In your letter you asked whether the glass pieces could be classified in heading 7001 of the Harmonized Tariff Schedule of the United States (HTSUS) – the provision which covers cullet and other waste and scrap of glass, as well as glass in the mass. However, the merchandise at issue does not belong to any of the categories covered by heading 7001.

These colored glass pieces are not cullet or other waste and scrap of glass. In addition, they are not glass in the mass. They are glass smallwares designed with a clear purpose in mind – to be applied in landscaping for a decorative effect. Glass smallwares of this type are classifiable in heading 7016, HTSUS. Heading 7001 is not applicable.

 The applicable subheading for the decorative glass smallwares used in landscaping will be 7016.10.0000, HTSUS, which provides for glass cubes and other glass smallwares, whether or not on a backing, for mosaics or similar decorative purposes. The rate of duty will be 2.7 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 the World Wide Web at http://www.usitc.gov/tata/hts/.

You also inquired regarding the country of origin marking requirements for this merchandise.

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 (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) 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. Part 134, Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. Accordingly, if the port director of Customs and Border Protection at the port of entry is satisfied that an article will remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the product by viewing the container in which it is packaged, the individual article could be exempted from marking under this provision. When we are certain that the ultimate purchaser will receive the imported product in the container in which it is imported, marking of that container could be regarded as acceptable country of origin marking.

If the ultimate purchaser will always receive the glass smallwares in the poly bag, marking that bag with the country of origin in a legible, indelible, permanent and conspicuous manner could be an acceptable country of origin marking for the glass smallwares at issue. The port director of Customs and Border Protection at the port of entry must be satisfied that the ultimate purchaser will always receive the glass pieces in the bag.

If smallwares could be removed from the marked bag and if the ultimate purchaser could receive these products outside of the bag, each glass piece would have to be marked with the country of origin.

Your letter also included a question regarding possible restrictions on the importation of “colorants.”

Any pigments, dyes or other colors within the colored glass pieces may be subject to the Toxic Substances Control Act (TSCA) which is regulated by the U.S. Environmental Protection Agency (EPA).

Information on the TSCA may be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or by visiting the EPA website at www.epa.gov.

The importation of the finished colored glass pieces may be subject to laws, regulations and restrictions administered by the U.S. Consumer Products Safety Commission (CPSC).

Information on import compliance regulations and restrictions administered by the CPSC may be obtained by contacting the U.S. Consumer Products Safety Commission at 4330 East West Highway, Bethesda, MD 20814, telephone (301) 504-7912, or email: sect15@cpsc.gov. 

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