The tariff classification of a lamp-worked glass article from China

N116408 August 20, 2010 CLA-2-70:OT:RR:NC:N2:226 CATEGORY: Classification TARIFF NO.: 7018.90.5000 Mr. Troy Crago-Edwards Atico International USA, Inc. 501 South Andrews Avenue Fort Lauderdale, FL 33301 RE: The tariff classification of a lamp-worked glass article from China Dear Mr. Crago-Edwards: In your letter dated July 16, 2010, you requested a tariff classification regarding an ornamental glass article, item number A078FA01067. A sample of the product was submitted with your ruling request. The sample is a decorative article measuring approximately 3.375 inches in diameter and 4.5 inches in height. The product consists of glass figurines on a base. The central glass figurine depicts a flower on a stem with two petals attached to the stem. The flower is painted red and the petals are painted green, while the stem is clear. Two smaller figurines on either side of the flower depict dolphins. The dolphins are composed largely of clear glass, although several small portions of each dolphin appear to be painted gold. In your letter you stated that the figurines which comprise this article consist of lamp-worked glass. Your ruling request includes photographs depicting the manner in which the glass flower component is created by the process of lamp-working - i.e., by melting and shaping glass rods over a flame. You indicated that the other glass figurines which comprise this article are also produced by the process of lamp-working. Item number A078FA01067 includes batteries and a three color LED light. The product will light up when a button is pressed. The decorative article of lamp-worked glass imparts the essential character of the product. The lighting feature is ancillary and merely serves to illuminate the decorative article. The applicable subheading for the decorative article, item A078FA01067 - consisting of a flower of lamp-worked glass and other figurines of lamp-worked glass on a base - will be 7018.90.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for…statuettes and other ornaments of lamp- worked glass, other than imitation jewelry…other: other. The rate of duty will be 6.6 percent ad valorem. ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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, National Commodity Specialist Division