CLA-2-70:OT:RR:NC:N2:226
Mr. Paul Anuschat
Geo. Bush & Co., Inc.
P.O. Box 8829
Portland, Oregon 97208-8829
RE: The tariff classification of glass articles from China
Dear Mr. Anuschat:
In your letter dated April 30, 2010, on behalf of Fred Meyer, Inc., you requested a tariff classification ruling
regarding five glass articles – Model Numbers FOYA497, FOYA504, FOYA495, FOYA503 and FOYA496.
Samples were submitted with your ruling request. Two of the five samples were broken in transit. In
accordance with your request, the other samples will be returned to you.
Model Numbers FOYA497 and FOYA504 are round glass mosaic plates. You indicated that each of these
plates is intended to function as the base for one of the other glass articles. Each plate has a diameter of 5.5
inches. Model FOYA497 includes a holly-like decoration on the surface of the glass. Model FOYA497
consists of clear, red and green pieces of mosaic glass. Although you described Model FOYA503 as
consisting of brown, gold and clear pieces of glass, in fact this item has no clear pieces. It appears to consist
of brown, gold and silver pieces of mosaic glass.
Model Number FOYA495 is an 8.5 inch high glass article with a vase-like shape. It consists of clear, red
and green mosaic glass pieces. A holly-like decoration is included on the surface of the glass. Model
FOYA495 includes a receptacle fitted to hold a taper candle. This receptacle may support a stabilized taper
candle.
Model Numbers FOYA503 and FOYA496 are open glass articles. Each is approximately four inches in
height and has an opening measuring 3.5 inches in diameter. Model FOYA496 consists of clear, green and
red pieces of mosaic glass. Although you described Model FOYA503 as consisting of brown, gold and clear
pieces of glass, in fact this item has no clear pieces. It appears to consist of brown, gold and silver pieces.
Any light which might emanate from Model FOYA503 is restricted by the density of these colors.
In your letter you suggested that those items which include a holly-like decoration on the surface of the glass
could be classified as festive articles in heading 9505, Harmonized Tariff Schedule of the United States
(HTSUS). However, Note 1 (v) to Chapter 95 indicates that a product which has any utilitarian function may
not be classified as a festive article in Chapter 95. Since all these products have some utilitarian function,
heading 9501 is not applicable.
Ms. King of your firm advised our office that the unit value of Model Number FOYA497 is over thirty cents
but not over three dollars.
The applicable subheading for Model Number FOYA497 - a glass plate consisting of clear, red and green
pieces of mosaic glass - will be 7013.99.5000, 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 Model Number FOYA495 - a glass article (consisting of clear, red and green
pieces of mosaic glass) which includes a receptacle fitted to hold a taper candle - 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.
Regarding Model Numbers FOYA504, FOYA503 and FOYA496, we need additional information in order
to issue a ruling. Please submit the additional information described below.
Regarding Model Numbers FOYA504 and FOYA503 – consisting of brown, gold and silver pieces of mosaic glass, please provide complete information on the manner in which these products are produced and colored. Is the glass colored prior to solidification, simply painted on the surface or colored in another manner? If colored prior to solidification, please indicate the precise chemical or mineral names of the sources of color (e.g., pigments, dyes) inserted before solidification. If colored in another manner, describe the precise manner in which these glass articles are colored. Please indicate whether the colored glass pieces in Model Numbers FOYA504 and FOYA503 contain many bubbles, seeds or stones. Indicate whether this glass contains any fining agents designed to stifle the formation of bubbles, seeds or stones. If this is the case, please indicate the precise chemical or mineral names of these fining agents.
Regarding Model Number FOYA496 - the open glass item with a 3.5 inch diameter at the opening (consisting of clear, red and green glass mosaic pieces), please indicate whether or not this item was designed to meet the standards of the American Society for Testing and Materials (ASTM) for lamps and lighting fittings. Please provide any available advertising material and marketing literature indicating how this article is used and marketed.
When this information is available, you may wish to resubmit your ruling request regarding Model Numbers FOYA504, FOYA503 and FOYA496.
If you resubmit your request, please resubmit the samples and a copy of your original letter, as well as the additional information requested in this notice. Please mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.
If you have any questions, contact National Import Specialist Jacob Bunin at 646-733-3027.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division