CLA-2-70:OT:RR:NC:N1:126
Krisanne Fischer
C/O Holli Schvom – mail code 232
QVC, Inc.
1200 Wilson Drive
West Chester, PA 19380
RE: The tariff classification of three decorative glass articles from China.
Dear Ms. Fischer:
In your letter dated November 5, 2018, you requested a tariff classification ruling. Representative samples of the items were submitted with your ruling request and will be returned to you.
The merchandise under consideration is referred to as a set of two glass “Illuminated Quatrefoil Frosted Hurricanes” with micro light strands, Item number H217899, glass “Illuminated Quatrefoil Mosaic Hurricane” with micro light strands, Item H218498, and “Mosaic Tile Glass Hurricane” with micro light strands, Item number H217785.
The two glass “Illuminated Quatrefoil Frosted Hurricanes” are cylindrical in shape and are frosted silver with a white geometric design. They measure approximately 7 1/2 inches high by 3 ¾ inches in diameter. They are packaged with micro light strands which, when placed inside the jar, enhances the decorative effect of the article. The micro light strands have an on-off switch that is operated by three AA batteries and includes a timer function. From the information you provided, the glass is not pressed and toughened (specially tempered), cut or engraved, or colored prior to solidification. You state that the unit value is over $5 dollars each.
The “Illuminated Quatrefoil Mosaic Hurricane” is cylindrical in shape and made of glass in a multicolor mosaic design in blue, green, and white. It measures approximately 10 inches high by 5 inches in diameter. It is packaged with micro light strands which, when placed inside the jar,
enhances the decorative effect of the article. The micro light strands have an on-off switch that is operated by two C alkaline batteries. From the information you provided, the glass is not pressed and toughened (specially tempered), cut or engraved, or colored prior to solidification. You state that the unit value is over $5 dollars each.
The “Mosaic Tile Glass Hurricane” is a vase-like article with a footed bottom made with translucent blue glass in a mosaic design. It measures approximately 10 inches high by 5 inches in diameter. It is packaged with micro light strands which, when placed inside the jar, enhances the decorative effect of the article. The micro light strands have an on-off switch that is operated by two C alkaline batteries and includes a six hour timer function that allows you to turn on the lights for six hours and off for eighteen hours per day. From the information you provided, the glass is not pressed and toughened (specially tempered), cut or engraved, or colored prior to solidification. You state that the unit value is over $5 dollars each.
The set of two glass “Illuminated Quatrefoil Frosted Hurricanes”, glass “Illuminated Quatrefoil Mosaic Hurricane”, and “Mosaic Tile Glass Hurricane” are composite goods comprised of different materials that are classifiable in different headings. Classification of merchandise under the Harmonized Tariff Schedule of the United States (HTSUS) is in accordance with the General Rules of Interpretation (GRIs) taken in order. GRI 3(b) of the HTSUS provides, in relevant part, that composite goods which cannot be classified by reference to GRI 3(a) shall be classified as if they consisted of the material or component which gives them their essential character. The glass component provides the essential character of the two glass “Illuminated Quatrefoil Frosted Hurricanes”, glass “Illuminated Quatrefoil Mosaic Hurricane”, and “Mosaic Tile Glass Hurricane”.
The applicable subheading for the set of two glass “Illuminated Quatrefoil Frosted Hurricanes” with micro light strands, Item number H217899, glass “Illuminated Quatrefoil Mosaic Hurricane” with micro light strands, Item H218498, and “Mosaic Tile Glass Hurricane” with micro light strands, Item number H217785, will be 7013.99.9000, 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 $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 the World Wide Web at https://hts.usitc.gov/current.
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 Elena Pietron at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division