CLA-2-:OT:RR:NC:2:226
Ms. Judy Morel
CSI International Weiss-Rohlig USA, Inc.
351 W Touhy Ave.
Inglewood, CA 90301
RE: The tariff classification of a glass decanter and a gemstone stick from Germany
Dear Ms. Morrel :
In your letter dated April 5, 2013, on behalf of Vita Juwel, you requested a tariff classification ruling regarding a glass decanter/pitcher (item number 02ACKA) and a glass gemstone stick (item 01VJBKAMRQ ). Samples were submitted with your ruling request.
You advised our office that the two products will be imported separately.
The glass decanter measures approximately 9.75 inches in height and can hold a volume of 1.5 liters. You advised our office that the decanter is not made of specially tempered glass.
The applicable subheading for the glass decanter (item number 02ACKA) will be 7013.49.6000, 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…glassware of a kind used for table (other than drinking glasses) or kitchen purposes other than that of glass-ceramics: other: valued over three dollars each: other: valued over five dollars each. The rate of duty will be 7.2 percent ad valorem.
The merchandise identified as the “gemstone stick” is a glass vial containing a mixture of water, denatured alcohol and different gemstones. The article is intended to be inserted in a decanter filled with water.
Legal Note 1 (a) to Chapter 71 of the Harmonized Tariff Schedule of the United States (HTSUS), provides in pertinent part, that subject to note 1 (a) to section VI and except as provided below, all articles consisting wholly or partly of natural or cultured pearls or of precious or semiprecious stones (natural, synthetic or reconstructed) are to be classified in this chapter. Accordingly, the gemstone stick is classifiable in Chapter 71.
When the gemstone stick is not of rock crystal, the applicable subheading for this product will be subheading 7116.20.4000, HTSUS, which provides for articles of natural or cultured pearls, precious or semiprecious stones (natural, synthetic or reconstructed): of precious or semiprecious stones (natural, synthetic or reconstructed): other: of semiprecious stones (except rock crystal): other. The rate of duty will be 10.5 percent ad valorem.
When the gemstone stick is of rock crystal, the applicable subheading for this product will be subheading 7116.20.5000, HTSUS, which provides for articles of natural or cultured pearls, precious or semiprecious stones (natural, synthetic or reconstructed): of precious or semiprecious stones (natural, synthetic or reconstructed): other: other. The rate of duty will be free.
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 merchandise may be subject to certain requirements under the regulations administered by the Food and Drug Administration (FDA). If you have any questions regarding these requirements, you may contact the FDA at: Food and Drug Administration, Division of Import Operations and Policy, 5600 Fishers Lane, Rockville, Maryland 20857, Telephone: 1-888-463-6332.
Certain articles may be subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the FDA. Information on the Bioterrorism Act can be obtained by calling the FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.
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,
Thomas J. Russo
Director
National Commodity Specialist Division