HQ 955614

March 24, 1994

CLA-2 CO:R:C:M 955614 KCC

CATEGORY: Classification

TARIFF NO.: 7018.10.20

Mr. David Kennedy

W.Y. Moberly, Inc.

Box 164

Sweetgrass, Montana 59484

RE: \"Good Vibes Crystal: Rainbow Maker\"; HRL 952104; Additional

U.S. Note 5, Chapter 70; imitation precious or semiprecious

stones

Dear Mr. Kennedy:

This is in response to your letter dated December 6, 1993,

to Customs in New York, on behalf of Jupiter Crystal

Collectibles, concerning the tariff classification of \"Good Vibes

Crystal: Rainbow Maker\" under the Harmonized Tariff Schedule of

the United States (HTSUS). Your letter, together with the

samples submitted for our examination, was referred to this

office for a response. Your request for the country of origin

marking will be addressed in a separate response from the Value

and Marking Branch of this Office.

FACTS:

The \"Good Vibes Crystal: Rainbow Maker\" (crystal products)

are in the shape of various ornaments, i.e., ball, drop, and

pendant. You describe the crystal products as being made from

32% full leaded Austrian crystal, which is cut and drilled in

Austria. In Canada, nylon line is strung through the drilled

hole and it is packaged for sale.

ISSUE:

What is the tariff classification of the \"Good Vibes

Crystal: Rainbow Maker\" under the HTSUS?

LAW AND ANALYSIS:

The classification of merchandise under the HTSUS is

governed by the General Rules of Interpretation (GRI\'s). GRI 1,

HTSUS, states, in part, that \"for legal purposes, classification

shall be determined according to terms of the headings and any

relative section or chapter notes\....\"

In Headquarters Ruling Letter (HRL) 952104 dated July 13,

1993, glass products with holes drilled into their tops and in

the shapes of a drop, ball, star, heart, ring, etc., were

classified under subheading 7018.10.20, HTSUS, which provides

for:

Glass beads, imitation pearls, imitation precious or

semiprecious stones and similar glass smallwares and

articles thereof other than imitation jewelry; glass eyes

other than prosthetic articles; statuettes and other

ornaments of lamp-worked glass, other than imitation

jewelry; glass microspheres not exceeding 1 mm in

diameter\...Glass beads, imitation pearls, imitation precious

or semiprecious stones and similar glass

smallwares\...Imitation precious or semiprecious stones

(except imitation beads thereof).

Classification of the glass products in HRL 952104 under

subheading 7019.10.20, HTSUS, was based on Additional U.S. Note

5, Chapter 70, HTSUS, which states:

For the purposes of subheading 7018.10.20, the term

\"imitation precious or semiprecious stones\" means glass made

into shapes suitable for use in jewelry or for other

ornamental purposes in a manner similar to natural

gemstones, whether or not in imitation thereof, but does not

include natural gemstones, synthetic gemstones,

reconstructed gemstones or imitation pearls.

We are of the opinion that the crystal products meet the

definition of \"imitation precious or semiprecious stones\" in

Additional U.S. Note 5, Chapter 70, HTSUS. The crystal products

are \"glass made into shapes suitable for use in jewelry or for

other ornamental purposes.\" Therefore, the crystal products are

classified under subheading 7018.10.20, HTSUS, as imitation

precious or semiprecious stones (except imitation beads thereof).

HOLDING:

The \"Good Vibes Crystal: Rainbow Maker\" products are

classified under subheading 7018.10.20, HTSUS, as imitation

precious or semiprecious stones, which is dutiable at the Column

1 rate of 2.8% ad valorem.

Sincerely,

John Durant, Director

Commercial Rulings Division