CLA-2-70:OT:RR:NC:N2:226
Ms. Gail T. Cumins
Sharretts, Paley, Carter & Blauvelt, P.C.
75 Broad Street
New York, NY 10004
RE: The tariff classification of glass cylinders from the United Kingdom and Germany.
Dear Ms. Cumins:
In your letter dated February 16, 2017, you requested a tariff classification ruling on behalf of your client, Heraeus Quartz America, LLC.
The merchandise under consideration is glass cylinders, item numbers 90169015, 99784511, 90151602, 90160288, and 90154206. You state that item number 90169015 is black in color and measures approximately 105 millimeters high by 370 millimeters in diameter at its widest points; item number 99784511 is white in color and measures approximately 128 millimeters high by 554 millimeters in diameter at its base, tapering to 486 millimeters in diameter at the top at its widest points; item number 90151602 is white in color and measures approximately 45 millimeters high by 525 millimeters in diameter at its base, tapering to 510 millimeters in diameter at the top at its widest points; item number 90160288 is clear glass and ranges between approximately 135 and 2000 millimeters high by 510 millimeters in diameter at its widest points; and 90154206 is clear glass and measures between approximately 150 and 2000 millimeters high by 354 millimeters in diameter at its widest points.
From the information you provided, the white and black cylinders are formed in a mold and then sintered to fuse the glass together. The clear cylinders may be either produced by cutting lengths from a continuous hollow shape produced in a furnace, or by core drilling a cylinder shape from a large mass solid glass ingot. Once the cylinders are formed, they remain unworked until after importation. After importation, the cylinders will be processed into an assortment of articles, including flange shapes for semiconductor furnace tubes, single wafer semiconductor chamber bodies, and parts used in solar cell and fiber optic manufacturing tools. You further state that all the cylinders are made of glass containing more than 95 percent silicon dioxide (silica) by weight.
In your ruling request you suggest classification of the cylinders in 7001.00.1000, Harmonized Tariff Schedule of the United States (HTSUS), as glass in the mass of fused quartz or other fused silica. However, the cylinders are not glass in the mass presented in more or less regular blocks with no particular intended use. Classification in 7001.00.1000, HTSUS, is precluded.
The applicable subheading for the glass cylinders, item numbers 90169015, 99784511, 90151602, 90160288, and 90154206 will be 7002.31.0000, HTSUS, which provides for “Glass in balls (other than microspheres of heading 7018), rods or tubes, unworked: Tubes: Of fused quartz or other fused silica.” The general rate of duty will be Free.
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,
Steven A. Mack
Director
National Commodity Specialist Division