CLA-2-49:OT:RR:NC:N2:226

Mr. Brian Pearce
CVS Pharmacy
OHL International
One CVS Drive
Woonsocket, RI 76102

RE: The tariff classification of an article consisting of a glass tablet with printed sentiment and a small glass teddy bear from China

Dear Mr. Pearce:

In your letter, dated January 13, 2011, you requested a tariff classification ruling regarding three glass articles.

Samples were submitted with your ruling request. In accordance with your request, these samples will be returned to you.

Item 866800 consists of a glass tablet with a printed sentiment addressed to “Someone Special” and a small glass teddy bear sitting in front of the tablet. The glass tablet with the printed message is much larger than the glass bear. The bear measures approximately 1.75 inches in height, while the tablet with the message measures approximately five inches in height. The printed sentiment on the tablet imparts the essential character of the article.

The applicable subheading for item 866800 - glass tablet with small glass bear - will be 4911.99.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other printed matter, including printed pictures and photographs:  other: other: 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 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 Albert Gamble at 646-733-3037.

Item number 866790 consists of an elaborate glass rose and a glass tablet with a printed sentiment for Mother’s Day. The rose and the tablet are both attached to a mirror base. In your letter you state that the rose consists of lampworked glass.

Item number 866781 is a glass angel figurine which sits on a battery powered LED light-up base. In your letter you state that the glass angel consists of lampworked glass.

We need additional information in order to issue a ruling regarding items 866790 and 866781. Please submit the additional information described below regarding these articles.

Please indicate the unit value for item number 866790 and the unit value for item number 866781. Unit value refers to the price at which a single glass article is sold by the foreign seller to the American importer.

You claim that the rose in item 866790 and the angel in item 866781 consist of lampworked glass. For each of these articles, please submit proof that the item is in fact produced by the process of lampworking.

Are the glass rose and the glass angel produced by melting and shaping glass rods over a flame? Please describe each step in the process of forming the glass rose and the glass angel.

Please submit a video depicting each step in the production process for the glass angel and the glass rose.

For both the glass rose and the glass angel, please submit information on the precise manner in which the glass is colored. Is color inserted into the glass prior to solidification, is the glass simply painted on the surface or is it colored in another manner?

For both the glass rose and the glass angel, if the glass is colored prior to solidification, please indicate the precise chemical or mineral names of any sources of color (e.g., pigments, dyes, etc.).

Does the glass in each of these articles contain bubbles, seeds or stones? Does it contain any fining agents (e.g., antimony and arsenic oxides) designed to stifle the formation of bubbles, seeds or stones? Please indicate the precise chemical or mineral names of any fining agents in the glass.

Does the glass in each article contain any effects - e.g., flecks, thread-like effects, ribbon-like effects - inserted prior to solidification? If so, please identify these effects. Describe the precise method of production – i.e., how these effects are introduced into the glass. Indicate the material which comprises these effects – e.g., glass, metal or another material.

When this information is available, you may wish to consider resubmission of your request regarding items 866790 and 866781.

If you resubmit the request, please resubmit the samples of these two articles and a copy of your original letter, as well as the additional information (including the video) requested in this notice. Please mail your request to Customs and Border Protection, One Penn Plaza, 10th Floor, Customs Information Exchange, New York, NY 10119, attention: Binding Rulings Section.

If you have questions regarding the additional information which we requested regarding items 866790 and 866781, contact National Import Specialist Jacob Bunin at 646-733-3027.

Sincerely,

Thomas J. Russo
Director,
National Commodity
Specialist Division