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NY J82023




April 9, 2003

CLA-2:RR:NC:2:226 NY J82023

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.99.4000

Ms. Cari Grego
Dollar Tree Stores
500 Volvo Parkway
Chesapeake, Virginia 23320

RE: The tariff classification of glass charms from China

Dear Ms. Grego:

In your letter dated March 12, 2003 you requested a tariff classification ruling regarding “wine glass charms” consisting of glass charms or ornaments on metal loops and “polystone” charms or ornaments on metal loops.

Samples of these products were submitted with your ruling request. These samples will be returned to you.

The glass ornaments will be in the form of flowers or insects. You indicated that the value of each glass ornament on a metal loop is less than thirty cents.

You submitted samples of the “polystone” ornaments in the form of hats and indicated that these items could also be imported in various other forms.

You also inquired regarding an “all metal” version of these items that will be imported in various forms. However, you did not submit any samples of the metal ornaments on metal loops.

In your letter you suggested that the glass ornaments on metal loops be classified as articles of iron or steel wire in subheading 7326.20.0070, Harmonized Tariff Schedule of the United States (HTS). However, the essential character of this merchandise is imparted by the glass ornament, not the metal loop. Therefore, subheading 7326.20.00 is not applicable.

The applicable subheading for the glass charms or ornaments on metal loops will be 7013.99.4000, HTS, which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes...other glassware: other: other: other: valued not over thirty cents each. The rate of duty will be 38 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 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.

With regard to the “polystone” ornaments on metal loops, we do not have sufficient information to issue a tariff classification ruling.

In order to issue a ruling on the “polystone” ornaments, we need the following additional information. Please submit the additional information indicated below.

Does the “polystone” consist of pure plastics, a combination of plastics and stone, a combination of plastics and a mineral material other than stone, or a combination of plastics and a synthetic chemical?

If the “polystone” ornament is a combination of plastics and another material, are the two components uniformly agglomerated throughout the body of the ornament? Please provide the precise chemical and/or geological name of each component in the “polystone” ornament. Please indicate the percentage by weight of each component. In addition please indicate whether the material (e.g., calcium carbonate) agglomerated with the plastics is derived from natural stone, a mineral material other than stone or a synthetic chemical.

The samples of “polystone” ornaments submitted were in the form of hats. Your letter indicated that you were also interested in importing other forms of “polystone” ornaments (snowmen, trees, etc.). If you would like a ruling on these other forms, please submit a sample of each of these items (no more than five).

In your letter you also indicated that you were interested in importing metal ornaments on metal loops. If you would like a ruling on the metal items, please submit a sample of each form of these articles (no more than five).

When this information is available, you may wish to consider resubmission of your request regarding the “polystone” ornaments on metal loops and the metal ornaments on metal loops.

If you resubmit the request, please resubmit a copy of your original letter as well as the samples of the “polystone” ornaments in the form of hats. In addition, please submit the additional information requested in this notice, plus the samples of the other forms of “polystone” ornament (snowman, tree, etc.) and samples of the metal ornaments in different forms.

Please mail your request to U.S. Customs, One Penn Plaza, 10th Floor, Customs Information Exchange, attention: Binding Rulings Section.

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

Sincerely,

Robert B. Swierupski
Director
National Commodity

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