CLA-2-70:S:N:N3:226 893306
Mr. Carol A. Garrity
Garrett, Hewitt International
147 Broadway
Hawthorne, NY 10532
RE: The tariff classification of a glass container from Taiwan.
Dear Ms. Garrity:
This is in response to your request for a tariff
classification ruling dated December 14, 1993.
The sample which you have submitted (no style name given) is
a bottle which is approximately 5 1/4 inches high with a diameter
of 2 1/2 inches. The bottle has a wide mouth of approximately 1 3/4
inches in width. You have stated in your letter that the bottle
is not for retail use and you have further stated by telephone that
it will be used to hold perfume for laboratory analysis.
The provision applicable to the submitted sample will be
subheading 7017.90.00, Harmonized Tariff Schedule of the United
States (HTS), which provides for Laboratory, hygienic or
pharmaceutical glassware, whether or not graduated or calibrated:
Other: Other. The rate of duty is 8.4 percent ad valorem.
You have referred in your letter to DD 858691 (dated
12/21/90). You state that it is your understanding that the
classification given in that ruling (HTS 7010.90.20) would apply
to the product which you are now inquiring about. The items in
ruling DD858691 were containers for toiletry products for retail
sale. However, the item now under consideration will be used in
laboratories and has the appearance of laboratory glassware. It
is classifiable as laboratory glassware in heading 7017, not as a
container in heading 7010.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport