CLA-2-70:OT:RR:NC:N4:426

Ms. Melissa Fox
Barthco International, Inc. 5101 S. Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of a drinking glass from France

Dear Ms. Fox:

In your letter dated November 6, 2009, on behalf of Arc International, you requested a tariff classification ruling regarding a product described as “Glass Jar Candle Holder.”

Samples were submitted with your ruling request. The samples will be returned to you in accordance with your request.

The item is approximately 3.75 inches high. You stated that the product will be imported empty and filled with a wax candle in the United States.

Although the article is described as a “candle holder” and although you claim it will be filled with candle wax after importation, the article has the form of a drinking glass. Based on its form, this item is classifiable as a drinking glass, not as a lamp or lighting fitting.

You advised our office that the unit value of this product is not over thirty cents.

The applicable subheading for the drinking glass - described as “glass jar candle holder” - will be 7013.37.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other drinking glasses, other than of glass ceramics: other: other: valued not over thirty cents each. The rate of duty will be 28.5 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