CLA-2 CO:R:C:M 953280 KCC
District Director
U.S. Customs Service
300 South Ferry Street
Terminal Island
Room 2017
San Pedro, California 90731
RE: Internal Advice #84/92; glass jars for conveyance or packing
of liquids or of solid products; glass preserve jars;
household glass storage articles; use provisions; principal
use; Additional U.S. Rule of Interpretation 1(a); EN 70.10;
EN 70.13; HRL 088020; HRL 087779; HRL 951721; HRL 087727
Dear Sir:
This is in response to your memorandum of December 11, 1992,
requesting internal advice regarding the tariff classification of
glass jars imported by Global Guzzini, under the Harmonized
Tariff Schedule of the United States (HTSUS). A sample from each
category of product and product brochures were submitted for our
review.
FACTS:
The products at issue consist of glass jars, bottles and
flasks, which are described as follows:
1. Faceted Jars with bail and trigger assemblies and rubber
gaskets. Global Guzzini states that the complicated closure
mechanism of these jars provides a hermetic seal which allows the
jars to function as preserve jars. The jars are imported in the
following sizes:
13" height and 3 1/2" diameter with a 70 oz. capacity;
11" height and 3 1/2" diameter with a 53 oz. capacity;
8" height and 3 1/2" diameter with a 38 oz. capacity;
5 1/2" height and 3 1/2" diameter with a 20 oz. capacity;
and
6" height and 2" diameter with a 11 oz. capacity.
2. Orcio Jars with bail and trigger assemblies and rubber
gaskets. Global Guzzini states that the complicated closure
mechanism of these jars provides a hermetic seal which allows the
jars to function as preserve jars. The jars are imported in the
following sizes:
6 1/2" height and 3 1/2" diameter with a 30 oz. capacity;
5 1/2" height and 3 1/2" diameter with a 21 oz. capacity;
5 1/2" height and 2" diameter with a 15 oz. capacity; and
4" height and 2" diameter with a 12 oz. capacity.
3. Milly Faceted Bottles with bail and trigger assemblies,
rubber gaskets, and ceramic stoppers. The bottles are imported
in various sizes. The sample submitted is a 34 oz. bottle, 12"
tall and 3 1/2" in diameter with a 1" mouth.
4. Caravella Bottle with cork stopper is a 27 oz. ship-shaped
bottle with a 1" diameter mouth, 3 1/2" overall diameter and 7
3/4" height.
5. Fiaschetti Flask with bail and trigger assemblies, rubber
gaskets and rubber stoppers. Global Guzzini states that the
complicated closure mechanism of these flasks provides a seal
which allows the flasks to preserve the bottled liquids. The
flasks are imported in the following sizes:
9" height and 4 1/2" width with 2" diameter and 17 oz.
capacity; and
7 1/2" height and 3 1/2" width with a 1 1/2" diameter and 9
oz. capacity.
6. Quattro Stagioni Canning Jars are sold without their metal
lids. Global Guzzini states that the canning process dictates
that once the jar is opened, the tension in the seal is broken
and a new lid must be used in order to create the necessary
vacuum seal. These jars are imported in the following sizes:
6 3/4" height and 4" diameter with 3 1/2" mouth and 37 oz.
capacity;
8 1/4" height and 4 1/2" diameter with a 3 1/2" mouth and 56
oz. capacity;
9" height and 3 3/4" diameter with 2" mouth and 35 oz.
capacity;
3 3/4" height and 3 1/2" diameter with a 2 1/2" mouth and
11.5 oz. capacity; and
5 1/2" height and 3 1/2" diameter with 2 1/2" mouth and 20
oz. capacity.
Global Guzzini contends that its products are properly
classified under heading 7010, HTSUS, as preserving jars of
glass. The hermetic seal which is maintained by the screw-on lid
or wire closing mechanism ensures protection from the outside
elements thus preserving the contents in the glass jars and
bottles. Global Guzzini states that it sells its products to
specialty stores, food packaging companies, canneries, hotels and
restaurants. The Faceted jars, Orcio jars, and Quattro Stagioni
canning jars are filled with fruits mixed with liquor, fruits
with liqueur, and sauces. Global Guzzini's opinion is that jars
are incidental to the food contained therein, but are
sufficiently attractive to make the consumer select the product
in their jars. The Fiaschetti flasks and Milly bottles are
filled with wine, vinegars, oils, salad dressings, sauces,
garlic, and other condiments. The Caravella bottles are usually
filled with wines and sealed with a cork. However, they note
that these bottles may be sold with the more elaborate wire
closing mechanism at a substantially greater expense.
ISSUE:
Are the glass jars, flasks and bottles classified under
subheading 7010.90.50, HTSUS, as containers or preserving jars,
or under subheading 7013.39, HTSUS, as table/kitchen glassware?
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 the terms of the headings and
any relative section or chapter notes...." In this case, the
competing headings are headings 7010 and 7013, HTSUS, which are
both considered "use" provisions. A tariff classification
controlled by use (other than actual use) is governed by the
principal use. Additional U.S. Rule of Interpretation 1(a),
HTSUS.
Heading 7010, HTSUS, 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."
Explanatory Note (EN) 70.10 of the Harmonized Commodity
Description and Coding System (HCDCS) (pgs. 933-34), states that
"[t]his 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, lip or flange to hold the lid or cap.
Some of these containers, however may be closed by
corks or screw stoppers...
The heading also includes preserving jars of glass."
EN 70.10 also states that heading 7010, HTSUS, does not include
"[d]ecanters, drinking glasses and other glass containers being
domestic glassware (heading 70.13), but not containers used
primarily for the commercial conveyance or packing of goods."
HCDCS, Vol. 3, p. 934. The Explanatory Notes, although not
dispositive, are to be looked to for the proper interpretation of
the HTSUS. 54 Fed. Reg. 35127, 35128 (Aug. 23, 1989).
Numerous glass articles used to hold food products within
the home are not classifiable as jars under subheading
7010.90.50, HTSUS, but are considered to be household storage
articles classifiable as table/kitchenware under subheading 7013,
HTSUS. Heading 7013, HTSUS, provides for "Glassware of a kind
used for table, kitchen, toilet, office, indoor decoration or
similar purposes, glassware of a kind used for table (other than
that of heading 7010 or 7018). EN 70.13 states:
This heading covers the following types of articles,
most of which are obtained by pressing or blowing in moulds:
(1) Tableware or kitchen glassware, e.g. drinking glasses,
goblets, tankards, decanters, infants' 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.
HCDCS, Vol. 3, p. 936.
In Headquarters Ruling Letter (HRL) 088020 dated January 14,
1991, we dealt with the classification of glass storage jars that
were used to hold food. These glass jars were 12 sided and
varied in height from approximately 5 1/2" to 14 ". They had a
metal loop fastener closure and a rubber ring seal. HRL 088020
stated that heading 7010, HTSUS, "provides for standard size and
shape jars that are used commercially to convey, pack or preserve
foods." HRL 088020 stated that the subject jars were shaped and
sized differently than commercial jars used to preserve food.
They were household jars that were used as canisters in the
kitchen to hold various types of food. Therefore, as the jars
were not the type of jars intended to be classified under heading
7010, HTSUS, they were classified under subheading 7013.39.20,
HTSUS. See also, HRL 087779 dated December 27, 1990, which
classified a variety of glass jars, including a triangle shaped
glass storage jar with a metal cover and handle that was 12 3/4"
tall and a round glass storage jar with a cork stopper style
cover that was 12" tall, under subheading 7013.39.20, HTSUS, and
HRL 951721 dated January 13, 1992, which classified glass jars
with bail and trigger assemblies and gaskets from 1/2 liter to 3
liters and jars with plastic pressure fit tops under subheading
7013.39, HTSUS.
The Faceted and Orcio jars, Milly and Caravella bottles, and
Fiaschetti flasks are not principally used as the class or kind
of merchandise contemplated by heading 7010, HTSUS. The types of
containers found in heading 7010, HTSUS, are principally used to
convey a product to the consumer who uses the product in the
container and then discards the container. The glass jars at
issue are similar to the jars in HRL 088020, HRL 087779 and HRL
951721. The glass jars at issue are shaped and sized differently
than commercial jars used to convey and preserve food. They are
not merely used as containers to convey the food product to the
consumer and then be discarded but, additionally, they serve as
decorative household jars that are used as canisters to hold a
variety of foods.
It is our position that the Faceted and Orcio jars, Milly
and Caravella bottles, and Fiaschetti flasks are household jars
that are used to hold food. They are similar to many of the
articles listed in EN 70.13 as they are functional for the
storing of articles of food. Furthermore, the Faceted and Orcio
jars, Milly and Caravella bottles and Fiaschetti flasks are not
classifiable as preserve jars in heading 7010, HTSUS. Various
Customs rulings have confirmed the position that household
articles holding different volumes than the typical preserve jars
or in different forms than the typical preserve jar are
classifiable in subheading 7013.39.20, HTSUS. See, HRL 087727
dated September 21, 1990, which held that glass spice jars were
not regarded as preserve jars classifiable in heading 7010,
HTSUS, as they were not the size and shape of typical preserve
jars. Therefore, the Faceted and Orcio jars, Milly and Caravella
bottles and Fiaschetti flasks are classified in heading 7013,
HTSUS. Specifically, they are classified in subheading 7013.39,
HTSUS. The eight digit subheading will vary depending on the
value of the jars, bottles, and flasks.
The Quattro Stagioni canning jars are in the form and hold
the typical volume that is normally associated with preserve
jars. Global Guzzini states that the canning process for the
Quattro Stagioni jars dictates that once the jar is opened, the
tension in the seal is broken and a new lid must be used in order
to create the necessary vacuum seal. This type of seal is
typical for the class or kind of preserving jar classified under
heading 7010, HTSUS. Therefore, the Quattro Stagioni canning
jars are properly classified under subheading 7010.90.50, HTSUS.
Finally, we note that it has come to our attention from the
Assistant Chief Counsel's office that products similar to the
Faceted and Orcio jars, Milly and Caravella bottles and
Fiaschetti flasks are the subject of pending litigation before
the Court of International trade in Italglass v. United States.
Consequently, until this litigation is resolved, similar
merchandise should be classified according to the above analysis.
HOLDING:
The Faceted and Orcio jars, Milly and Caravella bottles, and
Fiaschetti flasks are properly classified under subheading
7013.39, HTSUS, which provides for "Glassware of a kind used for
table, kitchen, toilet, office, indoor decoration or similar
purposes, glassware of a kind used for table (other than that of
heading 7010 or 7018)...Glassware of a kind used for the table
(other than drinking glasses) or kitchen purposes other than that
of glass-ceramics...Other...Other...." Classification to the
eight digit level is dependent on the value of the glass
products.
The Quattro Stagioni canning jars are properly classified
under subheading 7010.90.50, HTSUS, 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...Other containers (with or
without their closures)."
You should advise the internal advice applicant of this
decision.
Sincerely,
John Durant, Director