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NY L80422




November 17, 2004

CLA-2-70:RR:NC:1:126 L80422

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.29.1000, 7013.29.2000, 7013.39.2000

Ms. Carmen Carballo
S.J. Stile Associates Ltd.
105 Morris Avenue
Suite 100
Springfield, NJ 07081

RE: The tariff classification of three drinking glasses and two glass dessert dishes from Brazil

Dear Ms. Carballo:

In your letter dated October 27, 2004, on behalf of your client, Owens Brockway Glass Container, you requested a tariff classification ruling. Five representative samples were submitted with your ruling request.

Item #242, “Linha Fruitti”, is a slightly tinted blue juice glass that is designed with a fruit motif molded into the glass. The glass measures approximately 4 inches in height and 2 ½ inches in diameter at the top opening.

You stated in your letter that the unit value of this item is not over $0.30.

The applicable subheading for the juice glass, item number 242, will be 7013.29.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes: drinking glasses other than of glass ceramics: other: other: valued not over thirty cents each. The rate of duty will be 28.5 percent ad valorem.

Item #912, “Bistro” is a clear stemmed wine glass that measures approximately 5 ½ inches in height and 2 ½ inches in diameter at the top opening.

Item #913, “Bistro”, is a clear stemmed wine glass that measures 6 inches in height and nearly 2 ¾ inches in diameter at the top opening.

You indicated in your letter that the unit value of each wine glass in over $0.30 but not over $3.00.

The applicable subheading for the two wine glasses, item numbers 912 and 913, will be 7013.29.2000, HTS, which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes: drinking glasses, other than of glass ceramics: other: other: valued over $0.30 but not over $3.00 each. The rate of duty will be 22.5 percent ad valorem.

Item #191, “Linha Brasileirinha”, is a round “Fruit/Jello” dessert dish made of clear glass. The article is designed with a ribbed exterior surface. The measurements are 2 ½ inches in height and 3 inches in diameter at the top opening.

Item #730, “Tigela Fiesta”, is a round “Fruit/Jello” dessert dish that is slightly tinted blue and has a swirl design. The measurements are 2 ½ inches in height and 3 ¼ inches in diameter at the top opening.

You stated in your letter that each dessert dish is valued not over $3.00.

The applicable subheading for the two dessert dishes, item numbers 191 and 730, will be 7013.39.2000, HTS, which provides for glassware of a kind used for tableor kitchen purposes: other: other: valued not over three dollars each. The rate of duty will be 22.5 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.

Sincerely,

Robert B. Swierupski
Director,

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