CLA-2 CO:R:C:M 953197 MMC
TARIFF NUMBER: 7013.39.20
Ms. Jean Maguire
Area Director New York Seaport
6 World Trade Center
New York, N.Y. 10048
RE: Salt and Pepper Shakers; 7323.99.90; EN 70.13; HRLS 086166,
089258
Dear Ms. Maguire:
This is in response to your memorandum of 12/30/92, (CLA-2-
70:S:N:N3:226) concerning the classification of salt and pepper
shakers under the Harmonized Tariff Schedule of the United States
(HTSUS). This issue arose as a result of an inquiry from Customs
in Chicago, Illinois.
FACTS:
The shakers consist of a glass container with a threaded
flange and a bullet shaped perforated metal lid. The shakers are
ordinary household types used to hold and dispense salt or
pepper.
ISSUE:
Is the shaker classifiable as an article of iron or steel
under subheading 7323.99.90, HTSUS, or as an article of glassware
of a kind used for table or kitchen purposes under subheading
7013.39.20, HTSUS?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUS is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. 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.
The headings under consideration are:
7013.39.20 [g]lassware of a kind used for table, kitchen,
toilet, office, indoor decoration or similar
purposes (other than that of heading 7010 or
7018): [g]lassware of a kind used for table (other
than drinking glasses) or kitchen purposes other
than that of glass-ceramics: [o]ther: [o]ther:
[v]alued not over $3 each.
7323.99.90 [t]able, kitchen or other household articles and
parts thereof, of iron or steel; iron or steel
wool; pot scourers and scouring or polishing pads,
gloves, and the like, of iron or steel: [o]ther:
[o]ther: [n]ot coated or plated with precious
metal: [o]ther: [o]ther.
In understanding the language of the HTSUS, the Harmonized
Commodity Description and Coding System Explanatory Notes may be
consulted. The Explanatory Notes (EN), although not dispositive,
are to be used to determine the proper interpretation of the
HTSUS. 54 Fed. Reg. 35127, 35128, (August 23, 1989). En 70.13,
p.936, states in pertinent part:
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, 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....
Articles of glass combined with other metals (base metal,
wood, etc.), are classified in this heading only if the
glass gives the whole the character of glass articles...
From the description provided, it appears glass comprises
the largest portion of the shakers's area, weighs more than the
metal lid, and functions as a container for the condiments. In
addition, the glass is the article's most distinguishing
characteristic.(see HQ 086166 4/9/90, HQ 089258 12/23/91)
While the metal lid does filter salt and pepper, this is one
function of the entire article, and only one of the many factors
to be considered when determining the entire article's character.
Because of the many characteristics the glass portion contributes
to the whole article, we find that glass gives the whole shaker
its character. Therefore the shaker is classifiable under
subheading 7013.39.20, HTSUS.
HOLDING:
The salt and pepper shakers are classifiable as glassware of
a kind used for table, kitchen or similar purposes in subheading
7013.39.20, HTSUS.
Sincerely,
John Durant, Director