CLA-2:RR:NC:2:226 NY J86146
Ms. Mindy Schwartz
All-Ways Forwarding Intl., Inc.
182-30 150th Road
Jamaica, NY11413
RE: The tariff classification of lead crystal glass picture frames from the Czech Republic
Dear Ms. Schwartz:
In your letter dated June 5, 2003, on behalf of Godinger Silver Art, you requested a tariff classification ruling regarding a set of lead crystal glass picture frames. You indicated that these frames contain at least 24 percent lead monoxide by weight.
Samples were submitted with your ruling request. One of these samples was sent to our Customs laboratory for analysis.
We have now received the report from our laboratory which confirms that the product consists of lead crystal glass containing a minimum of 24 percent lead monoxide by weight.
You indicated that the merchandise will be imported packaged for retail sale in a set consisting of three picture frames - two frames measuring five inches by seven inches valued at $3.60 each plus a third frame measuring eight inches by ten inches valued at $7.50.
You suggested that the set be classified in subheading 7013.91.5000, Harmonized Tariff Schedule of the United States (HTS), under the provision for glassware of a kind used for table, kitchen, toilet, office, indoor decoration and similar purposes…other glassware: of lead crystal: valued over five dollars each. However, only one of the three items in the set is valued over five dollars. Two of the three frames are valued over three dollars but not over five dollars each. The single frame valued over five dollars does not impart the essential character to this set. Therefore, subheading 7013.91.5000 is not applicable to this set.
The essential character of this set under General Rule of Interpretation (3)(b) of the HTS is imparted by the two frames valued over three dollars but not over five dollars each.
The applicable subheading for the set of three lead crystal glass picture frames will be 7013.91.3000, HTS, which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration and similar purposes…other glassware: of lead crystal: valued over three dollars but not over five dollars each.. The rate of duty will be 10.5 percent ad valorem.
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