CLA-2 RR:CR:GC 966880 AML
Ms. Susanne Shanteau
Customs Analyst
Dollar General Corporation
Import Department
100 Mission Ridge
Goodlettsville, TN 37072-2170
RE: Classification of glass jar with wire bail and trigger, rubber ring closure system
Dear Ms. Shanteau:
This is in reply to your letter, dated November 4, 2003, to the National Commodity Specialist Division (“NCSD”), New York, in which you request a binding classification ruling, under the Harmonized Tariff Schedule of the United States (HTSUS), concerning certain empty glass jars with wire bail and trigger, rubber ring closure systems. You resubmitted the request in response to inquiries from the NCSD concerning the nature and potential uses of the articles. Your request was forwarded to this office for response. An “import quote sheet” depicting the articles and describing their dimensions as well as a sample were provided for our consideration.
FACTS:
The article at issue is a square jar (alternatively referred to by SKU # 2-025-1637 or style # MFWBYM002) composed of what appears to be ordinary glass that according to the specifications sheet provided measures 3.54”w x 3.54”d x 7.68”h. The sides of the articles bear raised glass fruit designs which are colored with a tint or paint in the expected color of the fruit. An informal measurement demonstrated that the sample container has a capacity of approximately one liter.
You state that the articles will be marketed as a “general-purpose kitchen item” that has a wide range of uses “including storage of wet or dry goods, storage of crafts, and preserving.”
ISSUE:
Whether the empty glass jars with wire bail and trigger, rubber ring closure systems are classifiable eo nomine as preserving jars of glass under heading 7010, HTSUS, or glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes under heading 7013, HTSUS?
LAW and ANALYSIS:
Classification of merchandise under the HTSUS is made in accordance with the General Rules of Interpretation (GRIs), taken in order. GRI 1 provides that classification is determined according to the terms of the headings and any relative section or chapter notes.
The HTSUS headings and subheadings under consideration are as follows:
7010 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:
7010.90 Other:
7010.90.50 Other containers (with or without their closures).
* * *
7013 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:
7013.39 Other:
Other:
7013.39.20 Valued not over $3 each.
The Harmonized Commodity Description And Coding System Explanatory Notes (ENs) constitute the official interpretation of the Harmonized System. While not legally binding on the contracting parties, and therefore not dispositive, the ENs provide a commentary on the scope of each heading of the Harmonized System and are thus useful in ascertaining the classification of merchandise. Customs believes the ENs should always be consulted. See T.D. 89-90, 54 Fed. Reg. 35127, 35128 (August 23, 1989).
The provision for preserving jars of glass in heading 7010 is an eo nomine provision (Myers v. United States, 969 F. Supp. 66, 71-73 (CIT 1997)). The provision in heading 7010 for containers "of a kind used" for the conveyance or packing of goods and the provision in heading 7013 for glassware "of a kind used" for table or kitchen purposes are "principal use" provisions (Group Italglass U.S.C., Inc. v. United States, 17 CIT 226 (1993)). As the CIT determined that the eo nomine provision includes canning and preserving jars, i.e., those designed to produce a hermetic seal, we consider that alternative first. If the merchandise is classifiable under heading 7010, it cannot be classified under heading 7013, because of the specific parenthetical provision to that effect in heading 7013 (Myers, 969 F. Supp. at 75).
The provision for preserving jars of glass in heading 7010 was considered in Myers, supra. That case concerned jars with wire bail and rubber ring closure systems. The court found the jars to be classified under the provision for "preserving jars of glass" in heading 7010. The court concluded that:
The three fundamental features which distinguish ‘preserving’ jars from ‘packing and conveyance’ jars and ‘storage’ jars are: (1) the thickness of the glass in the walls of the jars; (2) the jar’s ability to form and maintain a hermetic seal; and (3) the jar’s potential for reuse as a canning or preserving jar. [969 F. Supp. at 74]
In reaching its conclusion, the court observed that “storage jars are not designed in such a manner that a hermetic seal, which prevents air from entering the head space of the jar, can be formed between the jar and the lid.” Id. at 71.
In Headquarters Ruling Letter (“HQ”) 961205, dated March 12, 1999, we recited the following rules vis-à-vis eo nomine provisions:
"An eo nomine designation is one which describes a commodity by a specific name, usually one well known to commerce." 2 R. Sturm, Customs Law and Administration § 53.2 (3rd Edition 1990).
The common meaning of an eo nomine designation is determined by
the meaning it had at the time of enactment of the tariff act. United States v. Brager Larsen, 36 C.C.P.A. 1, 3 4, C.A.D. 388 (1948); Davies Turner & Co. v. United States, 45 C.C.P.A. 39, C.A.D. 669 (1957). In their determination of what this "common meaning" encompasses, Customs and the courts may examine the use to which the imported goods are put. United
States v. Quon Quon Co., 46 C.C.P.A. 70, 73, C.A.D. 699 (1959).
The articles at issue are similar in size and capacity to those at issue in Myers; like those in Myers, the articles are capable of holding approximately one
liter of liquid or preserves. Further, the articles meet the 3-part test of Myers in that the glass walls of the jars are relatively thick, the closure system provides the ability to form and maintain a hermetic seal, and the jars have potential for reuse as canning or preserving jars. Based on Myers and the criteria therein, we conclude that these articles are described in the eo nomine provision "preserving jars of glass" in heading 7010, HTSUS. We are cognizant that the articles are manufactured with a distinct shape (square) and that they are decorative, given the raised fruit shapes that appear on the walls of the jars. However, these characteristics do not outweigh the basic characteristics of preserving jars enunciated in Myers. We therefore conclude that the articles at issue, capable of holding similar amounts of substances as those at issue in Myers, are classifiable as preserving jars under heading 7010, HTSUS. Classification under heading 7013, HTSUS, is therefore precluded (see above).
This determination is consistent with HQ 960513 dated August 11, 1997, and HQ 959637 dated December 4, 1997. HQ 965200 is described in detail above. In HQ 960513, a two liter capacity jar with a bail and trigger closure system was classified under heading 7010, HTSUS. Similarly, in HQ 959637, a 750 ml capacity jar with a bail and trigger closure system was classified under heading 7010, HTSUS.
HOLDING:
The glass articles at issue, alternatively referred to by SKU # 2-025-1637 or style # MFWBYM002, are classified as preserving jars of glass, other, other containers (with or without their closures), under subheading 7010.90.50, HTSUS.
Sincerely,
Myles B. Harmon, Director
Commercial Rulings Division