CLA-2-70:OT:RR:NC:N2:226
Mr. John M. Strough
Mohawk Global Logistics
P.O. Box 3065
Syracuse, NY 13220
RE: The tariff classification of glass food storage jars from China.
Dear Mr. Strough:
In your letter dated April 20, 2016, you requested a tariff classification ruling on behalf of your client, EveryWare Global Inc.
The merchandise under consideration is glass jars, item number 98591CR2. Samples were submitted with your ruling request and will be returned to you.
The glass jars have a capacity of 38 ounces and measure approximately 6.125 inches high by 5 inches wide by 4.25 inches long at their widest points. They are made of soda lime glass and feature a bail-and-trigger closure. You state that the jars have a linear coefficient of expansion which exceeds 5 x 10-6 per Kelvin within a temperature range of 0 degrees Celsius (°C) to 300°C, and are not made of pressed and toughened (specially tempered) glass. From the information you provided, these jars are reusable and are designed to store and display various food products, such as cereal, cookies, and fruit, and dry cooking ingredients, such as pasta and beans, in businesses and in the home. The unit value of the jars is not over three dollars each.
In your ruling request you suggest classification of the jars in 7010.90.50, Harmonized Tariff Schedule of the United States (HTSUS) as other glass containers of a kind used for the conveyance and packing of goods, or as glass preserving jars. However, these jars are not used commercially for the conveyance and packing of goods. They are reusable containers designed and used for the storage and display of foodstuffs and cooking ingredients in the home or a business. In addition, the samples submitted are marked “not for canning.” Classification in 7010.90.50 is therefore precluded.
The applicable subheading for the glass jars, item number 98591CR2, will be 7013.49.2000, HTSUS, which provides for “Glassware of a kind of 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 of glass-ceramics: Other: Other: Valued not over $3 each.” The general 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 https://hts.usitc.gov/current.
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 Nicole Sullivan at [email protected].
Sincerely,
Deborah C. Marinucci
Acting Director
National Commodity Specialist Division