CLA-2-70:OT:RR:NC:N2:226
Mr. Henry Kloch
Henry E. Kloch & Co.
8515 E. Florence Avenue
#101
Downey, CA 90240
RE: The tariff classification of glass storage articles from China
Dear Mr. Kloch:
In your letter dated May 10, 2010, on behalf of Snapware Corporation, you requested a tariff
classification ruling regarding glass storage articles.
Four samples were submitted with your ruling request. The samples will be returned to you.
In your letter you indicated that three glass storage articles (a 40 ounce item, a 68 ounce item and
a 96 ounce item) have plastic plated lids and one glass storage article (a 102 ounce item) has a plastic
non-plated lid.
You indicated that the value of each of the glass storage articles with plastic plated lids will be over
three dollars but not over five dollars and the value of the glass storage article with the non-plated
plastic lid will be not over three dollars.
In your letter you suggested that these products should be classified as preserving jars in heading 7010
of the Harmonized Tariff Schedule of the United States (HTSUS). However, the only types
of glass storage articles that have been recognized as preserving jars classifiable in heading 7010
in past rulings have been the classic preserving jar with its two-part self-sealing lid and glass
storage articles with bail and trigger closures. Every other type of glass storage article has been
classified as table/kitchen glassware in subheading 7013.49, HTSUS. The glass storage articles
at issue in this ruling request are neither classic preserving jars with two-part self-sealing
lids nor glass articles with bail and trigger closures. They do not fall into either of the
categories regarded as preserving jars in the past. Therefore, heading 7010 is not
applicable to this merchandise.
In your letter you cite ruling 966880 in support of your position that these products should be
classified as preserving jars in heading 7010. However, ruling 966880 covers a glass jar
with a bail and trigger closure – one of the two categories of products which may be
regarded as preserving jars classifiable in heading 7010. The article covered by this ruling
request does not have a bail and trigger closure. Ruling 966880 is not applicable to this
merchandise.
The applicable subheading for the three glass storage articles with plastic plated lids will be
7013.49.5000, 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
drinking glasses) or kitchen purposes other than that of glass-ceramics: other: valued over
three dollars each: other: valued over three dollars but not over five dollars each. The rate
of duty will be 15 percent ad valorem.
The applicable subheading for the glass storage article with the plastic non-plated lid will be
7013.49.2000, 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 drinking glasses) or kitchen purposes other than that of glass-ceramics: other:
valued not over three dollars each. The rate of duty will be 22.5 percent ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most
recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations
(19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry
documents filed at the time this merchandise is imported. If you have any questions
regarding the ruling, contact National Import Specialist Jacob Bunin at 646-733-3027.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division