CLA-2-70:OT:RR:NC:N2:226
Ms. Laura DeSimone
Steelite International America
154 Keystone Drive
New Castle, Pennsylvania 16105
RE: The tariff classification of empty glass preserving jars and rubber replacement gaskets from Italy. Correction to Ruling Number N182614
Dear Ms. DeSimone:
This replaces Ruling Number N182614, dated September 23, 2011, which contained a clerical error. The rubber replacement gaskets were incorrectly classified in 4016.93.1050, Harmonized Tariff Schedule of the United States (HTSUS). This letter corrects the HTSUS of the rubber replacement gaskets and replaces N182614. A complete corrected ruling follows.
In your letter dated August 25, 2011, you requested a tariff classification ruling. Photographs and three samples of various sized empty glass jars were submitted with your inquiry. As per your request, these samples are being returned to you.
The products under consideration are empty clear glass jars with wire bail and trigger, rubber ring closure systems. You state in your letter that the jars are available in various sizes from 6 ounce, 2 7/8” x 4 3/8” x 3 3/8” x 2 ½” - item number 4949Q459, to a larger size 37 ¾ ounce, 6 3/8” x 5 3/8” x 3 5/8” x 3 ¾” - item number 4949Q455.
The three samples submitted with your ruling request are described as “Fido Clear Jars” - item number 4949Q458, 7 ¾ ounce jar, item number 4949Q457, 19 ounce jar and item number 4949Q455, 37 ¾ ounce jar. Each item has a wire bail and trigger mechanism and a replaceable rubber ring gasket. The closure system consists of a metal loop clamp placed around the neck of the jar, a rubber gasket placed on the inside lip of the lid, and a wire fastener placed on the outside top rim of the lid. The closure system is designed to create a vacuum hermetic seal.
You indicate in your letter that the vendor markets these jars as preserving jars.
The applicable subheading for each empty glass jar with wire bail and trigger, rubber ring closure system (item numbers 4949Q459 (photo only), 4949Q455, 4949Q458, and 4949Q457) will be 7010.90.50, Harmonized Tariff Schedule of the United States (HTSUS), which provides for glass preserving jars...other...other. The rate of duty will be free.
In your letter, you also inquire about the tariff classification of a ring gasket that will be used for replacement purposes. In an email message, you state that the gasket is composed of nitrile butadiene rubber (NBR).
The applicable subheading for the rubber ring replacement gasket will be 4016.93.5050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of vulcanized rubber other than hard rubber: other: gaskets, washers and other seals: other…other. The rate of duty will be 2.5 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