CLA-2:CO:R:C:G 088020 SR
Jean McGuire
Area Director of Customs
New York Seaport
6 World Trade Center
New York, N.Y. 10048
RE: Decision on Application for Further Review
of Protest No. 1001-0-0001212.
Dear Ms. McGuire:
This protest was filed against your decision in the
liquidations of entry number 917-00013334-0, entered on June 20,
1989 and liquidated on October 20, 1989, and of entry number 917-
0013914-9, entered on July 26, 1989, and liquidated on December
1, 1989. These shipments consist of glass jars from Italy.
FACTS:
The merchandise at issue consists of household glass storage
jars. The jars are made of clear glass. They are 12 sided and
vary in height from approximately 5 1/2 inches to 14 inches.
They have a metal loop fastener closure, and a rubber ring seal,
that, according to the catalogue picture, may or may not be used.
These items were classified under subheading 7013.99.10,
HTSUSA, as glassware of a kind used for table, kitchen, toilet,
office, indoor decoration or similar purposes, other glassware,
other, colored prior to solidification and characterized by
random distribution of numerous bubbles, seeds or stones,
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throughout the mass of the glass. This classification is not
correct as the jars are not colored.
The importer claims that the jars are classifiable under
subheading 7010.90.50, HTSUSA, which provides for carboys,
bottles, flasks, jars, pots, vials, ampoules and other
containers, of glass, of a kind used for the conveyance or
packing of goods; preserving jars of glass; stoppers, lids and
other closures, of glass, other containers.
ISSUE:
What is the classification of the glass jars at issue?
LAW AND ANALYSIS:
Heading 7010, HTSUSA, provides for carboys, bottles, flasks
jars, pots, phials, ampoules and other containers, of glass, of a
kind used for the conveyance or packing of goods; preserving jars
of glass. The Explanatory Notes provide the official
interpretation of the tariff at the international level. The
Explanatory Notes to heading 7010 provide the following:
This heading covers all glass containers of the kinds
commonly used commercially for the conveyance or packing of
liquids or of solid products (powders, granules, etc.) They
include: . . .
(B) Jars, pots and similar containers for the conveyance or
packing of certain foodstuffs (condiments, sauces, fruit,
preserves, honey, etc.) . . .
These articles are usually made of ordinary glass
(colourless or tinted) by pressure in a mould usually
followed by blowing with compressed air. They generally
have a large opening, a short neck (if any) and as a rule, a
lip or flange to hold the lid or cap. Some of these
containers, however, may be closed by corks or screw
stoppers.
The Explanatory Notes to heading 7010, also state that the
heading does not include decanters, drinking glasses and other
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glass containers being domestic glassware (heading 70.13), but
not containers used primarily for the commercial conveyance or
packing of goods.
This heading provides for standard size and shape jars that
are used commercially to convey, pack or preserve foods. The
jars at issue are not used commercially. They are shaped and
sized differently than are commercial jars used to preserve food.
They are household jars that are used as canisters in the kitchen
to hold various types of food. The catalogue pictures show the
jars filled with spaghetti, candy, and pistachio nuts. They are
not the type of jars that are intended to be classified under
heading 7010, HTSUSA.
Heading 7013, HTSUSA, provides for glassware of a kind used
for table, kitchen, toilet, office, indoor decoration or similar
purposes. The Explanatory Notes to this heading provide as
follows:
This heading covers the following types of articles, most
of which are obtained by pressing or blowing in moulds:
(1) Table or kitchen glassware, e.g. drinking glasses,
goblets, tankards, decanters, infant's feeding
bottles, pitchers, jugs, plates, salad bowls, sugar-
bowls, sauce-boats, fruit-stands, cake-stands, hors-
d'oeuvres dishes, bowls, basins, egg-cups, butter
dishes, oil or vinegar cruets, dishes (for serving,
cooking, etc.), stew-pans, casseroles, trays, salt
cellars, sugar sifters, knife-rests, mixers, table
hand bells, coffee-pots and coffee-filters, sweetmeat
boxes, graduated kitchenware, plate warmers, table
mats, certain parts of domestic churns, cups for
coffee-mills, cheese dishes, lemon squeezers, ice-
buckets.
The jars at issue are used to hold food, similar to many of
the items listed above. They are decorative household jars that
are used as cannisters to hold a variety of foods.
HOLDING:
The glass jars are classifiable under subheading 7013.39.20,
HTSUSA, which provides for glassware of a kind used for kitchen,
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glassware of a kind used for kitchen purposes other than that of
glass-ceramics, other, other, valued not over $3 each. The rate
of duty is 30 percent ad valorem.
Since the rate of duty under the classification indicated
above is more than the liquidated rate, you are instructed to
deny the protest in full. A copy of this decision should be
attached to the Form 19 Notice of Action to satisfy the notice
requirement of section 174.30(a), Customs Regulations.
Sincerely,
John Durant, Director
Commercial Rulings Division