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NY 850136


April 9, 1990

CLA-2-70:S:N:N3G:226 850136

CATEGORY: CLASSIFICATION

TARIFF NOS.: 7013.39.2000; 7013.29.1000; 7013.29.2000

Mr. Robert V. Gill
Gillex Inc.
14351 S.W. 142nd Street
Miami, FL 33186

RE: The tariff classification of tableware glass from Venezuela.

Dear Mr. Gill:

In your letter dated February 27, 1990, you requested a tariff classification ruling.

The submitted samples of the table glassware consist of the following:
a) a glass plate, referred to as "Plato Llano V-011," which measures approximately 8.5 inches in diameter; b) a glass plate, referred to as "Plato Hondo V-012," which measures approximately 7.75 inches in diameter; c) a glass sugar bowl with its top cover, referred to as d) the "Floral Design (A-010)" and the "De-Ville Whiskey (A-023)" drinking glasses which measure nearly 5 inches high; e) the "Whiskey Classic (A-009)" drinking glass which measures approximately 5.5 inches high.

Although you claim the instant merchandise to be specially tempered, an analysis from our Customs laboratory has indicated these products not to be pressed or toughened (specially tempered).

The applicable subheading for the above-stated glass plates and sugar bowl will be 7013.39.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for glassware of a kind used for table (other than drinking glasses) or kitchen purposes other than that of glass ceramics: other than pressed and toughened (specially tempered), valued not over $3 each and dutiable at the rate of 30 percent ad valorem. The applicable subheading for the aforementioned drinking glasses, when valued not over $0.30 each, will be 7013.29.1000, HTS, which provides for glassware of a kind used for table, kitchen...drinking glasses, other than of glass ceramics: other than pressed and toughened (specially tempered), and dutiable at the rate of 38 percent ad valorem. However, the pertinent subheading for these drinking glasses, when valued over $0.30 but not over $3 each, will be 7013.29.2000, HTS, which provides for other drinking glasses, not pressed and toughened, with duty at the rate of 30 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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