CLA-2 RR:TC:MM 958110 MMC
Mr. Wayne Brownworth
Kamden International Shipping, Inc.
P.O. Box 300123 JFK AMF
Jamaica, NY 11430
RE: Shaped glass decorative articles; glassware colored bubble glass; C.I.E. 1070/66 [T.D. 66-23(7)]; HRLs 953061,951783, 089054 and 043600
Dear Mr. Brownworth:
This is in response to your letter of May 25,1995, to the Customs office in New York, NY, on behalf of Schott Corporation, requesting the proper classification of shaped decorative glass articles under the Harmonized Tariff Schedule of the United States (HTSUS). Your letter, together with the samples submitted for examination, was forwarded to this office for response.
FACTS:
The subject articles are described as various shaped colored glass figurines. The sample is a star shape but the articles are also imported in cone, moon, and shell shapes. They measure approximately 1½" long and 1"thick. A dotted pattern is embossed on the glassware's top surface. They are produced in several colors including blue, red, green, yellow, pink and aqua.
The articles are imported in groups of 8 in a mesh bag.
Information from the manufacturer submitted with your letter of September 11, 1995, indicates that the figurines contain, in varying degrees, silica sand, recycled glass, sulphur, potassium dichromate, carbon, barium carbonate, potassium carbonate, sodium carbonate, feldspar, flourspar, sodium silicaflouride, tricalcium phosphate, minim, sodium nitrate, cobalt oxide, zinc oxide, cadmium color yellow, cadmium color red, anhydrous borax, selenium copper sulfate. The manufacturer states that refining agents are not used.
Additionally, the letter states that the raw materials are mixed in a shaker to create a glass formula. The formula is then removed near a furnace to be loaded. The formula is loaded into the furnace and is burned to obtain glass. The glass is then melted, taken by cane, and introduced into a mold to form the desired shape. Once the shape is formed, the glass is removed from the mold cooled, and packaged.
ISSUE:
Are the shaped decorative glass articles classifiable under subheading 7013.99.10, HTSUS?
LAW AND ANALYSIS:
The classification of goods under the HTSUS is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Chapter 70, HTSUS, provides for glass and glassware.
Chapter 70 is further divided into various headings and subheadings, the following of which are under consideration:
7013 Glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar, purposes (other than that of heading 7010 or 7018)
7013.99 Other:
7013.99.10 Glassware decorated with metal flecking, glass pictorial scenes or glass thread- or ribbon-like effects, any of the foregoing embedded or introduced into the body of the glassware prior to its solidification; millefiori glassware; glassware colored prior to solidification, and characterized by random distribution of numerous bubbles, seeds or stones, throughout the mass of the glass
7020.00 Other articles of glass
The subject glassware is specifically described by heading 7013, HTSUS. The importer indicates that the articles will be used for indoor decoration; a purpose specifically described by heading 7013, HTSUS. The question remains however, whether the subject articles are described by subheading 7013.99.10, HTSUS.
As set forth in Headquarters Ruling Letter (HRL) 953061 dated April 28, 1993, HRL 951783 dated February 2, 1993, and HRL 089054 dated August 2,1991, to be considered colored bubble glass, a product must contain a genuine color which has been inserted into the glass prior to solidification and be characterized by a random distribution of numerous bubbles, seeds or stones throughout the mass of the glass.
As stated in HQ 085094, both C.I.E. 1070/66, dated April 12, 1966 [T.D. 66-23(7)], and HRL 043600, dated February 26, 1976, dealt with the issue of the scope of item 546.35, Tariff Schedules of the United States, the precursor provision to subheading 7013.99.10, HTSUS, which provided for glassware, colored prior to solidification and characterized by random distribution of numerous bubbles, seeds or stones, throughout the mass of the glass. According to these rulings, the words "colored prior to solidification" require that the entire article be composed of glass colored while in the molten state.
In addition, these rulings held that the word "random" requires that the distribution of the bubbles, seeds or stones, be haphazard, uncontrolled and numerous. These rulings also
indicate that glass products containing fining agents, which limit the quantity of bubbles, seeds or stones in glassware, may not be classified as bubble glass. Therefore, even if some bubbles or seeds remain, the presence of fining agents negates the possibility of classifying the merchandise as bubble glass.
A review of the manufacturer's statements as well as a visual examination of the articles indicate the presence of color for the glassware is added prior to the glass solidifying and the bubbles in the glassware are the result of impurities which occurred naturally during the manufacturing process. While some of the bubbles are easy to see, and others are more difficult to see due to the size and patterns embossed on the glassware's surface, there are in fact many bubbles and they are distributed randomly throughout the mass of the glassware. The articles are therefore, classifiable as figurines of colored bubble glass.
HOLDING:
The bags of glass figurines are classifiable in subheading 7013.99.10, HTSUS, subject to a column one duty rate of 19.5% ad valorem.
Sincerely,
John Durant, Director
Tariff Classification Appeals Division