CLA-2-70:OT:RR:NC:N2:226
Ms. Jeanette Arciero
Barthco International’s CVS On-Site Import Client Liaison
CVS Pharmacy
One CVS Drive
Woonsocket, RI 02895
RE: The tariff classification of decorative glass articles from China
Dear Ms. Arciero:
In your letter dated June 17, 2012, on behalf of CVS, you requested a tariff classification ruling regarding
decorative glass articles from China – item number 894213.
Samples were submitted with your ruling request. In accordance with your request, the samples will be
returned to you.
The merchandise will be imported in two styles. You described the first style as a red “candle holder” made
of glass that is surrounded with foam fruit (apples) painted with red glitter paint, genuine pine cones painted
gold and artificial pine sprigs partially painted with gold glitter paint. You described the second style as a
gold “candle holder” surrounded with the same items as the first style with the exception of the foam fruits
which include a pear, an apple and a pomegranate that are all painted gold. The pieces comprising each of
these styles will be packed together upon importation.
Although you described the products as “candle holders,” in fact these items are regarded as decorative glass
articles, not as lamps or lighting fittings. The painted glass blocks any light which might emanate
from the glass articles. Since they do not provide sufficient light to the surrounding area, these products are
not regarded as lamps or lighting fittings. Any light emitted simply enhances the decorative effect of these
ornamental articles.
In each product the essential character of the merchandise is imparted by the central piece – the glass article.
When the unit value of the glass item within the product is not over thirty cents, the
applicable subheading for item number 894213 - a decorative article of glass surrounded by foam
fruit, genuine pine cones and artificial pine sprigs - will be 7013.99.4000, 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 than that of heading 7010 or 7018): other:
other: other: valued not over thirty cents each. The rate of duty will be 38 percent ad valorem.
When the unit value of the glass item within the product is over thirty cents but not over three dollars, the
applicable subheading for item number 894213 - a decorative article of glass surrounded by foam
fruit, genuine pine cones and artificial pine sprigs - will be 7013.99.5000, HTSUS, which provides for
glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than
that of heading 7010 or 7018): other: other: other: valued over thirty cents but not over three dollars each.
The rate of duty will be 30 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,
Thomas J. Russo
Director
National Commodity
Specialist Division