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

Mr. Bernard D. Liberati
Morris Friedman & Co.
P.O. Box 1550
1153 Marlkress Rd.
Cherry Hill, New Jersey 08003

RE: The tariff classification of a decorative glass article from China

Dear Mr. Liberati:

In your letter dated January 28, 2009, on behalf of your client, Orman, Inc., you requested a tariff classification ruling. Four representative samples were submitted with your ruling request.

The products under consideration are glass ball picks attached to wire stems and are gold, red and burgundy in color: item number 17502 - 15mm gold, item number 17513 - 25 mm red, item number 17522 - 35 mm gold and item number 17537 - 50 mm burgundy.

You state in your letter that the glass ball picks are used in Christmas decoration. Although these glass ball picks may be used at Christmas, they are not limited exclusively to Christmas use. They may be used to decorate floral arrangements, centerpieces, plants, wreaths, gift packages, etc. on various occasions throughout the year.

In a telephone conversation with this office, you stated that the unit value of each item is not over thirty cents.

The applicable subheading for the glass ball picks attached to wire stems (item numbers 17502, 17513, 17522 and 17537) will be 7013.99.4000, 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 not over thirty cents each. The rate of duty will be 38 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