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HQ 953282

February 16, 1993

CLA-2 CO:R:C:M 953282 KCC


TARIFF NO.:7013.39.20

District Director
U.S. Customs Service
300 South Ferry Street
Terminal Island
Room 2017
San Pedro, California 90731

RE: IA #83/92; glass preserve jars; glass jars for conveyance or packing of liquids or of solid products; household glass storage articles; use provisions; principal use; Additional U.S. Rule of Interpretation 1(a); EN 70.10; EN 70.13; Kraft, Inc. v. U.S.; HRL's 081805, 087727, 088020, 087779, 951721

Dear Sir:

This is in response to your memorandum of December 11, 1992, requesting internal advice regarding the tariff classification of glass jars imported by Farmers Investment Co., under the Harmonized Tariff Schedule of the United States (HTSUS). Samples were submitted for our review.


The products at issue consist of 1 liter and 1.5 liter glass jars. The jars are imported with a glass lid, rubber gasket, wire bale, and decorative blue ribbon. The jars have a country motif band painted in blue, pink, green and yellow around the middle of the jar, which is approximately 2 1/2 inches wide. The name of the food packer, Country Estate Pecans, is printed within the country motif band in blue letters.

The jars are used by Country Estate Pecans, a division of Farmers Investment Company (Farmers), to pack sugar coated pecans. After the pecans are placed in the jar, the rubber gasket and wire bale locking device are used to seal the glass lid. In addition, a plastic tamper-proof seal is applied through the metal closure. The jared pecans are sold to wholesale clubs. The cost breakdown of the jared pecans, as calculated by Farmers Investment Co., is:


1 liter 1.5 liter

Jar $ 1.11 $ 1.26
Pecans $10.00 $10.00

Total Wholesale Price $11.11 $11.26

Counsel for Farmers contends that the glass jars are properly classified under heading 7010, HTSUS, as preserve jars or, alternatively, as glass containers for the conveyance or packing of goods.


Are the glass jars classified under subheading 7010.90.50, HTSUS, preserving jars or containers for the conveyance or packing of goods, or under subheading 7013.39.20, HTSUS, as table/kitchen glassware?


The classification of merchandise under the HTSUS is governed by the General Rules of Interpretation (GRI's). GRI 1, HTSUS, states in part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes .... " In this case, the competing headings are headings 7010 and 7013, HTSUS, which are both considered "use" provisions. A tariff classification controlled by use (other than actual use) is governed by the principal use. Additional U.S. Rule of Interpretation 1(a), HTSUS.

Heading 7010, HTSUS, 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." Explanatory Note (EN) 70.10 of the Harmonized Commodity Description and Coding System (HCDCS) (pgs. 933-34), states that "[t]his 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 of 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, lip or flange to hold the lid or cap. Some of these containers, however maybe closed by corks or screw stoppers...

The heading also includes preserving jars of glass."

EN 70.10 also states that heading 7010, HTSUS, 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." HCDCS, p. 934. The Explanatory Notes, although not dispositive, are to be looked to for the proper interpretation of the HTSUS. 54 Fed. Reg. 35127, 35128 (Aug. 23, 1989).

Numerous glass articles used to hold food products are not classifiable as jars under subheading 7010.90.50, HTSUS, but are considered to be household storage articles classifiable as table/kitchenware under subheading 7013.39.20, HTSUS. Heading 7013.30.20, HTSUS, provides for "Glassware of a kind used for table, kitchen, toilet, office, indoor-decoration or similar purposes,glassware(other than that of heading 7010 or 7018)...Glassware of a kind used for the table (other than drinking glasses) or kitchen purposes other than that of glass-ceramics...Other...Other...Valued not over $3 each." EN 70.13 states:

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

(1) Tableware or Kitchen glassware, e.g. drinking glasses, goblets, tankards, decanters, infants' feeding bottles, pitchers, jugs, plates, salad bowls, sugar-bowls, sauceboats, 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, kniferests, 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, icebuckets. HCDCS, p. 936.

Counsel contends that Kraft, Inc. v. United States, Slip Op. 92-93, 26 Cust. Bull. 15 (CIT 1992), is precedent for classifying the glass jars as preserve jars or containers for the conveyance or packing of goods in heading 7010, HTSUS. Kraft dealt with the classification of bear-shaped glass jars (bear jars) which were used to pack jams and jellies. The bear jars were imported without a lid. The U.S. Court of International Trade (CIT) found that the bear jars were not decorative, did not have a household function in that they were not useable for home canning or preservation, were used to pack jelly, had characteristics necessary for food packaging and, although more elaborate in shape then a straight-sided jelly jar, were not more elaborate than several well known jars used to pack food. The court also found that the bear jar's acquisition by the consumer was incidental to the purchase of the jelly packed in it after importation and that the bear jar's design was merely to attract the consumer to the jelly. Therefore, the court concluded that the bear jars were of a class or kind contemplated by item 545.27, Tariff Schedules of the United States (TSUS) (the precursor provision to heading 7010, HTSUS), which provides for containers of glass chiefly used for the packaging, transporting, or marketing of merchandise.

Counsel maintains that like the bear jars in Kraft, the decorative appearance of its glass jars is merely a marketing strategy designed to establish an image of the product in the consumer's mind. Counsel states that there is no evidence to suggest that the consumer is enticed into purchasing the pecans in order to acquire the glass jar for use as a general household article, inasmuch as the value of the pecans far exceeds the value of the jar.

We disagree with counsel's contentions. The bear jars in Kraft are distinguishable from the glass jars at issue. The bear jars were imported without lids and the court specifically found that they were not decorative or ornamental in appearance. The jars at issue are imported with glass lids, rubber gaskets and wire bale which form the closure mechanism/lid and as counsel states, the glass jars are decorative. The decorative feature of the glass jars is the country motif band painted around the jar's middle and the blue ribbon attached to the wire bale at the jar's top. While the glass jars may be designed to attract the attention of the consumer, we do not believe that.this is the sole function for using this type of jar. Because of the glass lids, rubber gaskets, and wire bale, the glass jars are designed for extended use as storage jars; they are of the kind that the consumer can reuse in the home for the storage of food. Therefore, we do not find the rational and holding of Kraft to be persuasive.

We are of the opinion that the glass jars are not classifiable as preserve jars in heading 7010, HTSUS. Various Customs rulings have confirmed the position that household articles holding different volumes than the typical preserve jars or in different forms than the typical preserve jar are classifiable in subheading 7013.39.20, HTSUS. Headquarters Ruling Letter (HRL) 081805 dated April 11, 1988, held that storage articles decorated with jelly bean decalcomania were neither preserve jars nor containers, but were classified as household storage articles in item 546, TSUS (the precursor provision to heading 7013, HTSUS). See also, HRL 087727 dated September 21, 1990, which held that glass spice jars were not regarded as preserve jars classifiable in heading 7010, HTSUS, as they were not the size and shape of typical preserve jars.

Furthermore, in HRL 088020 dated January 14, 1991, we dealt with the classification of glass storage jars that were used to hold food. These glass jars were 12 sided and varied in height from approximately 51/2" to 14 ". They had a metal loop fastener closure and a rubber ring seal. HRL 088020 stated that heading 7010, HTSUS, "provides for standard size and shape jars that are used commercially to convey, pack or preserve foods." HRL 088020 stated that the subject jars were shaped and sized differently than commercial jars used to preserve food. They were household jars that were used as canisters in the kitchen to hold various types of food. Therefore, as the jars were not the type of jars intended to be classified under heading 7010, HTSUS, they were classified under subheading 7013.39.20, HTSUS. See also, HRL 087779 dated December 27, 1990, which classified a variety of glass jars, including a triangle shaped glass storage jar with a metal cover and handles that was 12 3/4" tall and a round glass storage jar with a cork stopper style cover that was 12" tall, under subheading 7013.39.20, HTSUS; and HRL 951721 dated January 13, 1992, which classified glass jars with bail and trigger assemblies and gaskets from 1/2 liter to 3 liters and jars with plastic pressure fit tops under subheading 7013.39, HTSUS.

The glass jars are not principally used as the class or kind of merchandise contemplated by heading 7010, HTSUS. The types of containers found in heading 7010, HTSUS, are principally used to convey a product to the consumer who uses the product in the container and then discards the container. The glass jars at issue are similar to the jars in HRL's 088020, 087779, and 951721. They are not merely used as containers to convey the food product to the consumer and then be discarded but, additionally, they serve as decorative household jars that are used as canisters to hold a variety of foods. It is our position that the glass jars are household jars that are used to hold food. They are similar to many of the articles listed in EN 70.13 as they are functional for the storing of articles of food. Therefore, the glass jars are classified under subheading 7013.30.20, HTSUS.

Finally, we note that it has come to our attention from the Custom's Assistant Chief Counsel's office that products similar to the subject glass jars are the subject of pending litigation before the Court of International trade in Italqlass v. United States. Consequently, until this litigation is resolved, similar merchandise should be classified according to the above analysis.


The glass jars are properly classified under subheading 7013.39.20, 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 that of heading 7010 or 7018)...Glassware of a kind used for the table (other than drinking glasses) or kitchen purposes other than that of glass-ceramics...Other...Other...Valued not over $3 each."

You should advise the internal advise applicant of this decision.


John Durant, Director

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