HQ 089293: Protest No. 1703-91-100009; glassware; pressed and toughened; specially tempered; some dicing; 7013.39.20

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 089293

                        December 12, 1991

CLA-2 CO:R:C:M 089293 KCC

CATEGORY:  Classification

TARIFF NO.:  7013.39.10

District Director
U.S. Customs Service
U.S. Customshouse
1 East Bay Street
Savannah, Georgia  31401

RE:  Protest No. 1703-91-100009; glassware; pressed and
     toughened; specially tempered; some dicing; 7013.39.20

Dear Sir:

     This is in response to the Application for Further Review of
Protest No. 1703-91-100009, dated February 19, 1991, which
pertains to the classification of glassware under heading 7013,
Harmonized Tariff Schedule of the United States (HTSUSA). 
Laboratory Report No. 4-91-20024-002 dated October 5, 1990, and
an additional laboratory report dated October 22, 1991, which
included photographs and pieces of the tested glassware, were
also forwarded to this office for examination.

FACTS:

     The merchandise under consideration is Black Arocopoc
Tempered Novoctime Marine Gold 20 piece set table/kitchen
glassware.  The Protestant, J. G. Durand International, entered
the glassware under subheading 7013.39.10, HTSUSA, as "pressed
and toughened (specially tempered)" glassware.  Your initial
Laboratory Report No. 4-91-20024-002 dated October 5, 1990, found
that the products were not "pressed and toughened (specially
tempered)."  

     Accordingly, the entry was liquidated under subheading
7013.39.20, HTSUSA, which provides for "Glassware of a kind used
for table, kitchen, toilet, office, indoor decoration or similar
purposes (other than that of heading 7010 or 7018)...Glassware of
a kind used for table (other than drinking glasses) or kitchen
purposes other than that of glass-ceramics...Other...Other."  An
additional laboratory report dated October 22, 1991, re-examined
two samples of the glassware, a cup and plate.

ISSUE:

     Is the glassware "pressed and toughened (specially
tempered)" for purposes of heading 7013, HTSUSA?  

LAW AND ANALYSIS:

     At the present time the U.S. Customs Service employs a four
part testing method to determine if certain glassware articles
are "pressed and toughened (specially tempered)" under heading
7013, HTSUSA.  Currently, Customs' test protocol includes a
dimension test, a thermal shock test, a counter fall test and a
center punch test.  The dimension test is used to identify glass
articles which could not have been pressed.  The counter fall and
thermal shock tests are used to determine the article's
durability (toughened).  The purpose of the center punch test is
to break the article in order that the broken pieces may be
examined for evidence of dicing (tempered).  In analyzing the
results of the center punch test, Customs examines the breakage
pattern, number, and relative size of the fragments to see if
"some" dicing of the tested glassware has occurred.  Dicing
occurs when the glassware breaks into small cubes of
approximately equal dimensions on all six sides.  

     In the laboratory report dated October 22, 1991, it was
determined that "some" dicing did occur when the samples (a cup
and plate) were subjected to the center punch test.  Based upon
the October 22, 1991, laboratory report, we are of the opinion
that the glassware under consideration is "pressed and toughened
(specially tempered)" glassware.  Therefore, the glassware is
properly classified under subheading 7013.39.10, HTSUSA, which
provides for "Glassware of a kind used for table, kitchen,
toilet, office, indoor decoration or similar purposes (other than
that of heading 7010 or 7018)...Glassware of a kind used for
table (other than drinking glasses) or kitchen purposes other
than that of glass-ceramics...Other...Pressed and toughened
(specially tempered)."

HOLDING:

     The glassware at issue is "pressed and toughened (specially
tempered)" glassware and is, therefore, classified under
subheading 7013.39.10, HTSUSA, which provides for "Glassware of a
kind used for table, kitchen, toilet, office, indoor decoration
or similar purposes (other than that of heading 7010 or
7018)...Glassware of a kind used for table (other than drinking
glasses) or kitchen purposes other than that of glass-
ceramics...Other...Pressed and toughened (specially tempered)."  

     This protest should be granted in full.  A copy of this
decision should be attached to the Customs Form 19 and provided
to the protestant as part of the notice of action on the protest.

                              Sincerely,



                              John Durant, Director
                              Commercial Rulings Division