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NY H82197

August 27, 2001

CLA-2-70:RR:NC:2:226 H82197


TARIFF NO.: 7013.99.5000

Mr. Rodney Ralston
Trans-Border Customs Services, Inc.
One Trans-Border Drive
P.O. Box 800
Champlain, NY 12919

RE: Country of origin marking and classification of “wine glass bangle ornaments; NAFTA; Article 509; essential character; 19 C.F.R. §102.18

Dear Mr. Ralston:

In your letter dated May 7, 2001, on behalf of your client, Yvette Caron Designs, you requested a ruling on the status of “wine glass bangle ornaments” from Canada under the NAFTA. Representative samples were submitted and were sent to our Customs laboratory for analysis.

The submitted samples consist of five styles of “wine glass bangle ornaments” namely: Fiesta, Tiger Lily, Romancing Stone, Holiday Cheer and Black Tie. Each style consists of four similar pieces packaged together. Each piece, regardless of style, is constructed of a wire ring of glass beads and a dangling ornament that is composed of either glass, plastic, stone, or metal. The product is designed to identify an individual’s wine glass. You indicated in your letter that there are multiple countries of origin with each finished product assembled in Canada.

This ruling pertains to styles Fiesta and Tiger Lily only. With regard to styles Holiday Cheer and Black Tie, each will be addressed under a separate ruling. In order to rule on style Romancing Stone, additional information will be required. Please identify the geological name of each stone. When this information is available, you may wish to consider resubmission of your request.

The essential character of Fiesta and Tiger Lily is represented by the dangling ornament. You indicated in your letter that the country of origin is as follows: Fiesta - India and Tiger Lily – Czech Republic. Our Customs laboratory has determined that these two styles of dangling ornaments are composed of glass.

The applicable tariff provision for the dangling ornaments composed of glass (Fiesta and Tiger Lily) will be 7013.99.5000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes...: other glassware: other: other: valued over $0.30 but not over $3 each. The general rate of duty will be 30 percent ad valorem.

Fiesta and Tiger Lily do not qualify for preferential treatment under the NAFTA because one or more of the non-originating materials used in the production of these two articles, will not undergo the change in tariff classification required by General Note 12(t)/70 HTSUSA.

The country of origin for Fiesta and Tiger Lily is determined under Section 102.11, Customs Regulations, which governs goods other than textile and apparel products covered by Section 102.21. Paragraph (a)(3) of Section 102.21 states that for goods incorporating foreign materials, each foreign material must undergo an applicable change in tariff classification set out in Section 102.20 for the country of origin to be determined under paragraph (a)(3).

Since the foreign materials in Fiesta and Tiger Lily from India and/or Czech Republic do not undergo a change in tariff classification, the country of origin cannot be determined under paragraph 102.11(a)(3).

Paragraph 102.11(b)(1) states that when the country of origin for goods of this type cannot be determined under paragraph 102.11(a), the country of origin of the good is the country or countries of origin of the single material that imparts the essential character to the good. The essential character of Fiesta and Tiger Lily is imparted by its dangling glass ornament. Therefore, the country of origin for Fiesta is India and the country of origin for Tiger Lily is Czech Republic.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181), with respect to NAFTA eligibility.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, U.S. Customs Service, 1300 Pennsylvania Ave. N.W., Washington, D.C. 20229.

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 212-637-7074.


Robert B. Swierupski

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