The tariff classification of two sets, each consisting of a glass pitcher and four drinking glasses from China

N250511 March 14, 2014 CLA-2-70:OT:RR:NC:2:226 CATEGORY: Classification TARIFF NO.: 7013.49.6000 Ms. Kim Fettig Axis Sourcing Group, Inc. 1915 Mark Ct. Suite 110 Concord, CA 94520 RE: The tariff classification of two sets, each consisting of a glass pitcher and four drinking glasses from China Dear Ms. Fettig: In your letter dated February 19, 2014, you requested a tariff classification ruling regarding two sets – Items 04428 and 04429, each consisting of a glass pitcher and four drinking glasses packed together. Item 04428 consists of four 18-ounce margarita glasses and a 96-ounce glass pitcher. Item 04429 consists of four 22-ounce glass tumblers and a 96-ounce pitcher. You advised our office that the height of each margarita glass in item 04428 is 6.375 inches and the height of the pitcher is 9.25 inches. The height of each glass tumbler in item 04429 is 6.25 inches and the height of the pitcher is 9.25 inches. In your letter you stated that the glasses and the pitcher in each set will be packed together for retail sale in their imported condition. You advised our office that the unit value of the pitcher in each set is over five dollars. The essential character of each set is imparted by the glass pitcher. The applicable subheading for each set consisting of a glass pitcher and four drinking glasses will be 7013.49.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes… glassware of a kind used for table…or kitchen purposes other than that of glass-ceramics: other: other: valued over three dollars each: other: valued over five dollars each. The rate of duty will be 7.2 percent 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/. Certain table/kitchenware may be subject to requirements under the regulations administered by the Food and Drug Administration (FDA). If you have any questions regarding these requirements, you may contact the FDA: Food and Drug Administration, Division of Import Operations and Policy, 5600 Fishers Lane, Rockville, Maryland 20857, Telephone: 1-888-463-6332. Certain articles may be subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the FDA. Information on the Bioterrorism Act can be obtained by calling the FDA at telephone number (301) 575-0156, or at the web site www.fda.gov/oc/bioterrorism/bioact.html.   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, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division