CLA-2:CO:R:C:G 085755 SER
Steven Knox
District Director - Philadelphia
U.S. Customs Service
Second and Chestnut Streets
Philadelphia, PA 19106
RE: Internal Advice on Laboratory/Pharmaceutical bottles
Internal Advice Request 50/89
Dear Mr. Knox:
This is in reference to your request for internal advice in
regard to glass bottles which have been classified in
7017.90.00, HTSUSA, as laboratory, hygienic or pharmaceutical
glassware. Mr. Hans Kuster of Hanke, Inc., contends that the
proper classification is subheading 7010.90.00, HTSUSA, which
provides for glass containers used commercially for the
conveyance or packing of goods.
Headings 7010 and 7017, HTSUSA, are both use provisions.
Consequently, the heading under which the subject merchandise
will be classified will be controlled by the use in the United
States at, or immediately prior to, the date of importation of
goods of the class or kind to which the subject merchandise
belongs. The controlling use is the principal use -- the use
which exceeds any other use. Additional U.S. Rule of
Interpretation 1(a), HTSUSA. The actual use of certain shipments
of merchandise, by some importers, will not dictate a
classification controlled by principal use.
It is not questioned that the merchandise at issue is
utilized in both a laboratory setting and as a container for the
conveyance of medicines. The importer states that all of the
goods presently being imported are destined for a pharmaceutical
manufacturing company to be utilized in the conveyance of
medicine. We do not doubt that this is true, but it is the
principal use of the class or kind of this product of the entire
industry that is important, not just one shipment by a singular
importer. Furthermore, the indicia created by the inclusion of
the sample in a catalog which exhibits other items which are of
no doubt articles of laboratory glassware, is that this importer
would quite likely sell this product as laboratory glassware as
well as for the conveyance of medicine.
-2-
Based upon information before this office it is Customs
position that the subject merchandise is of the class or kind of
article that is principally used in a laboratory setting, and is
properly classified in subheading 7017.90.00, HTSUSA. The sample
is a standard, small, round-bottomed, cylinder styled bottle that
is commonly used as laboratory glassware. If the importer can
prove that his individual product differs from the standard form
of laboratory glassware, then subheading 7010.90.00, HTSUSA can
be utilized. As mentioned in your memorandum, one factor that
could prove use as a container would be if the bottles were
imported with a seal that is used to cover the bottle. This is
not the only factor that could prove that a product should be
classified in subheading 7010.90.00, HTSUSA, but the point is
that the burden of proof is on the importer.
If you should have any further questions, please do not
hesitate to contact this office.
Sincerely,
John Durant, Director
Commercial Rulings Division