CLA-2-70:RR:NC:2:226 C87411

Ms. Mira Drinchich

M.R. Drinchich Imports

1008 Alvira Street

Los Angeles, CA 90035

RE: The tariff classification of specially tempered glass articles from France

Dear Ms. Drinchich:

In your letter dated April 29, 1998, you requested a tariff classification ruling. Representative samples of a decorative glass bottle with two drinking glasses were submitted with your ruling request and were sent to our Customs laboratory for analysis.

The subject article is a set consisting of a cylindrical shaped double walled glass bottle and two 1 ½ ounce drinking glasses. You indicated that the bottle and glasses will be imported together packed in a gift box. The bottle and the two glasses are adorned with a fruit motif (e.g., plum, pear). The bottle contains two cork seals. The inner portion of the article is divided into two sections - one section for storing liquids and - one section for holding the drinking glasses.

You stated in your letter that this merchandise is composed of Pyrex glass. You also indicated that the bottle will be used to store condiments such as oil and vinegar.

The essential character of this set is represented by the glass bottle.

Our laboratory has determined that these articles are

pressed and toughened (specially tempered).

The applicable subheading for the specially tempered glass items will be 7013.39.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for glassware of a kind used for table or kitchen purposes: other: pressed and toughened (specially tempered). The rate of duty will be 12.5 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 212-466-5796.

Sincerely,

Robert B. Swierupski

Director

National Commodity

Specialist Division