CLA-2-:OT:RR:NC:2:226
Ms. Diyonie Foster
All-Ways Forwarding International, Inc.
701 Newark Ave.
Elizabeth, NJ 07208
RE: The tariff classification of glass storage articles from China
Dear Ms. Foster:
In your letter dated May 7, 2013, on behalf of HDS Trading Corporation, you requested a tariff classification ruling regarding glass storage articles.
Samples were submitted with your ruling request.
Style CS01235 is a box of three round glass canisters with metal lids. Each storage article has a volume of fifty ounces. The height of each item is approximately 6.25 inches. The unit value of each of these storage articles is not over three dollars.
Style GJ01227 is a round glass canister with a plastic lid. It has a volume of twenty-five ounces and a height of approximately 5.5 inches. The unit value of this storage article is not over three dollars.
Style CS10540 is a box of three glass canisters. Each has a glass lid with a glass knob; the knob is designed to lift the lid. Each of the glass storage jars which comprise Style CS10540 has a volume of seventeen ounces and a height of approximately six inches. The unit value of each of these storage articles is not over three dollars.
Style GJ01226 is a round glass canister. It has a glass lid with a glass knob; the knob is designed to lift the lid. Style GJ01226 has a volume of five liters and a height of approximately 14 inches. The unit value of this storage article is over five dollars.
Style CJ10439 is a glass cookie jar with a metal top. It has a volume of 152 ounces and a height of approximately ten inches. The unit value of this storage article is over five dollars.
Items CJ10439, CS10540 and GJ01226 each have a loose rubber or plastic piece at the mouth of the article. In the information submitted with your letter, you indicated that no replacement pieces for this component are marketed to the consumer who purchases each of these glass articles.
In your letter you indicate you opinion that these articles should be classified as glass containers or preserving jars in subheading 7010.90.50, Harmonized Tariff Schedule of the United States (HTSUS). However, the products do not have the form of containers used for the conveyance and packing of goods; they also do not have the form of preserving jars. Rather, these items have the form of glass storage articles – items that will be used to store food in the home. These glass storage articles are classifiable as table/kitchen glassware in subheading 7013.49, HTSUS. Therefore, they should not be classified as containers or preserving jars in subheading 7010.90.50.
In your letter you referred to various rulings. However, the rulings you cited all covered products with the form of genuine containers or preserving jars. The products at issue in your ruling request have the form of glass storage articles classifiable as table/kitchen glassware in subheading 7013.49. They are neither containers nor preserving jars; thus, heading 7010 is not applicable.
The applicable subheading for the glass storage articles - style numbers CS01235, GJ01227 and CS10540 - 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: other: valued not over three dollars each. The rate of duty will be 22.5 percent ad valorem.
The applicable subheading for the glass storage articles - style numbers GJ01226 and CJ10439 - will be 7013.49.6000, 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: other: valued over three dollars each: other: valued over five dollars each. The rate of duty will be 7.2 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/.
Certain table/kitchenware may be subject to requirements under the regulations administered by the Food and Drug Administration (FDA). If you have any questions regarding these requirements, you may contact the FDA at: Food and Drug Administration, Division of Import Operations and Policy, 5600 Fishers Lane, Rockville, Maryland 20857, Telephone: 1-888-463-6332. Certain table and kitchen articles may be subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the FDA. Information on the Bioterrorism Act can be obtained by calling the FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.
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,
Thomas J. Russo
Director
National Commodity Specialist Division