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HQ 088020

January 14, 1991

CLA-2:CO:R:C:G 088020 SR


TARIFF NO.: 7013.39.20

Jean McGuire
Area Director of Customs
New York Seaport
6 World Trade Center
New York, N.Y. 10048

RE: Decision on Application for Further Review of Protest No. 1001-0-0001212.

Dear Ms. McGuire:

This protest was filed against your decision in the liquidations of entry number 917-00013334-0, entered on June 20, 1989 and liquidated on October 20, 1989, and of entry number 917- 0013914-9, entered on July 26, 1989, and liquidated on December 1, 1989. These shipments consist of glass jars from Italy.


The merchandise at issue consists of household glass storage jars. The jars are made of clear glass. They are 12 sided and vary in height from approximately 5 1/2 inches to 14 inches. They have a metal loop fastener closure, and a rubber ring seal, that, according to the catalogue picture, may or may not be used.

These items were classified under subheading 7013.99.10, HTSUSA, as glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes, other glassware, other, colored prior to solidification and characterized by random distribution of numerous bubbles, seeds or stones,
throughout the mass of the glass. This classification is not correct as the jars are not colored.

The importer claims that the jars are classifiable under subheading 7010.90.50, HTSUSA, which provides for carboys, bottles, flasks, jars, pots, vials, ampoules and other containers, of glass, of a kind used for the conveyance or packing of goods; preserving jars of glass; stoppers, lids and other closures, of glass, other containers.


What is the classification of the glass jars at issue?


Heading 7010, HTSUSA, provides for carboys, bottles, flasks jars, pots, phials, ampoules and other containers, of glass, of a kind used for the conveyance or packing of goods; preserving jars of glass. The Explanatory Notes provide the official interpretation of the tariff at the international level. The Explanatory Notes to heading 7010 provide the following:

This heading covers all glass containers of the kinds commonly used commercially for the conveyance or packing of liquids or of solid products (powders, granules, etc.) They include: . . .

(B) Jars, pots and similar containers for the conveyance or packing of certain foodstuffs (condiments, sauces, fruit, preserves, honey, etc.) . . .

These articles are usually made of ordinary glass (colourless or tinted) by pressure in a mould usually followed by blowing with compressed air. They generally have a large opening, a short neck (if any) and as a rule, a lip or flange to hold the lid or cap. Some of these containers, however, may be closed by corks or screw stoppers.

The Explanatory Notes to heading 7010, also state that the heading does not include decanters, drinking glasses and other
glass containers being domestic glassware (heading 70.13), but not containers used primarily for the commercial conveyance or packing of goods.

This heading provides for standard size and shape jars that are used commercially to convey, pack or preserve foods. The jars at issue are not used commercially. They are shaped and sized differently than are commercial jars used to preserve food. They are household jars that are used as canisters in the kitchen to hold various types of food. The catalogue pictures show the jars filled with spaghetti, candy, and pistachio nuts. They are not the type of jars that are intended to be classified under heading 7010, HTSUSA.

Heading 7013, HTSUSA, provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes. The Explanatory Notes to this heading provide as follows:

This heading covers the following types of articles, most of which are obtained by pressing or blowing in moulds:

(1) Table or kitchen glassware, e.g. drinking glasses, goblets, tankards, decanters, infant's feeding bottles, pitchers, jugs, plates, salad bowls, sugar- bowls, sauce-boats, fruit-stands, cake-stands, hors- d'oeuvres dishes, bowls, basins, egg-cups, butter dishes, oil or vinegar cruets, dishes (for serving, cooking, etc.), stew-pans, casseroles, trays, salt cellars, sugar sifters, knife-rests, mixers, table hand bells, coffee-pots and coffee-filters, sweetmeat boxes, graduated kitchenware, plate warmers, table mats, certain parts of domestic churns, cups for coffee-mills, cheese dishes, lemon squeezers, ice- buckets.

The jars at issue are used to hold food, similar to many of the items listed above. They are decorative household jars that are used as cannisters to hold a variety of foods.


The glass jars are classifiable under subheading 7013.39.20, HTSUSA, which provides for glassware of a kind used for kitchen,
glassware of a kind used for kitchen purposes other than that of glass-ceramics, other, other, valued not over $3 each. The rate of duty is 30 percent ad valorem.

Since the rate of duty under the classification indicated above is more than the liquidated rate, you are instructed to deny the protest in full. A copy of this decision should be attached to the Form 19 Notice of Action to satisfy the notice requirement of section 174.30(a), Customs Regulations.


John Durant, Director

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