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NY I83628

July 12, 2002

CLA-2-70:RR:NC:2:226 I83628

Ms. Marci Halvorsen
The Lyon Company
2440 South 3600 West
Salt Lake City, Utah 84119

RE: The tariff classification of a drinking glass from China

Dear Ms. Halvorsen:

In your letter dated June 7, 2002, you requested a tariff classification ruling on a Betty Boop goblet.

The photograph of the product submitted with your ruling request depicts a product that is essentially a drinking glass. The goblet portion is made of glass. A plastic figurine of Betty Boop leans on the stem of the glass.

In your letter you contend that the product should be classified as an ornamental plastics article in Chapter 39. However, the product clearly is a functional drinking glass. The goblet itself is made of glass. The goblet portion of the product represents its essential character. Although you maintain that the article is intended for decorative purposes, the product is relatively inexpensive and in its imported form will function as a drinking glass. Therefore, the Betty Boop goblet should not be classified as a plastics article in Chapter 39.

The applicable subheading for the Betty Boop goblet will be 7013.29.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for glassware of kind used for table, kitchen, toilet, office, indoor decoration or similar purposes...drinking glasses, other than of glass ceramics: other: other: valued over thirty cents but not over three dollars each. The rate of duty will be 24 percent ad valorem.

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 at the time this merchandise is imported.

If you have any questions regarding this ruling, contact National Import Specialist Jacob Bunin at 646-733-3027.


Robert B. Swierupski
National Commodity

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