CLA-2-70:OT:RR:NC:N2:226

Ms. Leslie Grillo
QVC, Inc.
Studio Park
1200 Wilson Drive
West Chester, PA 1938-4262

RE: The tariff classification of a glass snow globe from China

Dear Ms. Grillo:

In your letter dated July 22, 2010, you requested a tariff classification ruling regarding a glass snow globe, item number H19350.

A sample was submitted with your ruling request. In accordance with your request, the sample will be returned to you.

The product is a snow globe on a base with a tartan pattern. It measures four inches in diameter by six inches in height.

The globe contains a three-dimensional replica of a historic New England farmhouse, as well as “snow” and a three-dimensional representation of a snow covered tree. There are no three-dimensional representations of figures or objects outside the globe.

The information submitted with your ruling request indicates that the globe is made of glass, while the farmhouse within the globe is made of agglomerated stone.

The product includes a recording of the poem “’Twas the Night Before Christmas” which is activated when a switch on the base of the globe is turned on.

Item number H19350 is not regarded as a festive Christmas article. The snow, farmhouse and snow-covered tree within the globe and the tartan pattern on the base are not recognized Christmas motifs or symbols. Although the product can play a Christmas poem, when this function is turned off the snow globe simply functions as a decorative article which can be on display throughout the year. Its appearance is not uniquely associated with Christmas. There are no depictions of Christmas symbols or motifs in the glass globe.

You advised our office that the unit value of this article is over five dollars.

The applicable subheading for the glass snow globe - item number H19350 - will be 7013.99.9000, 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 over three dollars each: other: valued over five dollars each. The rate of duty will be 7.2 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