The tariff classification of mirrors from China

NY K88263 August 30, 2004 CLA-2-70:RR:NC1:126:K88263 CATEGORY: Classification TARIFF NO.: 7009.92.5000 Ms. Sophia Juang Concourse City, Inc. 623 Doubleday Avenue P.O. Box 1199 Ontario, CA 91761 RE: The tariff classification of mirrors from China Dear Ms. Juang: In your letter, received August 4, 2004, you requested a tariff classification ruling. ` Photographs were submitted with your ruling request. Based on the photographs, Styles AGP017, MAP060B and BLGPC369 appear to be ordinary framed mirrors which would allow the consumer to see his or her reflection. Each of these articles appears to have a clear, unobstructed surface of reflecting glass which would allow the consumer to use the product as a mirror. You stated that the reflecting surface of each of these mirrors consists of glass while the frames consist of plastics. The information submitted indicates that the area of the reflecting glass surface for each of the mirrors is over 929 square centimeters. The applicable subheading for Styles AGP017, MAP060B and BLGPC369 will be 7009.92.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for glass mirrors…other: framed: over 929 square centimeters in reflecting area. The rate of duty will be 6.5 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. With regard to Styles AGPC135 and SGP134, we are returning your request for a classification ruling because we need additional information in order to issue a ruling. Please submit the additional information indicated below. The photographs of Styles AGPC135 and SGP134 appear to indicate that the surface of each of these items is not pure glass. They appear to consist of glass and other material designed to give each article a decorative effect. For each of these items, please identify the other material on the surface of the article. For each of these articles, please indicate the percentage of the surface covered with glass and the percentage covered with the other material. For Styles AGPC135 and SGP134, please indicate whether the other material covers the surface of each article to such an extent that it is difficult for a person to actually use the product as a mirror – i.e., to actually use the mirror to see his or her reflection. Does the other material cover the surface to such an extent that the product is primarily being used as a decorative article, not as a mirror? For Styles AGPC135 and SGP134, please indicate whether each item is principally used a mirror (i.e., principally used by the consumer to see his or her reflection) or principally used as a decorative article. If you claim items Styles AGPC135 and SGP134 are used as mirrors, please submit a video depicting a person using each item – i.e., depicting whether the person is seeing an unencumbered reflection or whether he or she is simply looking at a decorative article. When this information is available, you may wish to consider resubmission of your ruling request on Styles AGPC135 and SGP134 . If you resubmit the request, please resubmit a copy of your original letter and attachments along with the additional information requested in this notice. Please mail your request to Customs and Border Protection, 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. In your letter you also inquired regarding the applicability of antidumping duties to all the products covered by your ruling request. U.S. Customs and Border Protection does not issue rulings regarding antidumping duties. The U.S. Department of Commerce addresses these issues. If you wish to obtain an antidumping scope ruling on these products, please contact the Commerce Department at the following address: U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, NW, Washington, DC 20230, telephone: 202- 482-3434 or 202-482-3207. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division