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

Ms. Marta Portillo
HSN
1 HSN Drive
St. Petersburg, FL 33729

RE: The tariff classification of a lighted glass angel figure from China.

Dear Ms. Portillo:

In your letter dated October 22, 2014, you requested a tariff classification ruling.

The merchandise under consideration is described as 12” H B/O Lighted Mercury Glass Angel. A sample was submitted with your ruling request and was forwarded to the Customs and Border Protection Laboratory for analysis. This analysis has been completed.

The Lighted Mercury Glass Angel is a mottled metallic gold in color, and is shaped to resemble a stylized angel holding a dove. It measures approximately 12.5 inches high by 6 inches long by 5.5 inches wide at its widest points. The bottom of the figure features an on-off slide switch and a compartment which houses three AAA batteries. When activated, a light within the angel figure illuminates, enhancing its decorative effect. You state that the unit value of this item is over five dollars each.

Laboratory analysis has determined that the body of the glass was not colored prior to solidification, and does not contain bubbles, seeds, or effects of any kind, although it does contain arsenic as a fining agent. The glass was also not cut or engraved or specially tempered.

The applicable subheading for the 12” H B/O Lighted Mercury Glass Angel 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 $3 each: Other: Valued over $5 each.” The general 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 Nicole Sullivan at [email protected].

Sincerely,

Gwenn Klein Kirschner
Director
National Commodity Specialist Division