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NY E80498





April 29, 1999

CLA-2-70:RR:NC:2:226 E80498

CATEGORY: CLASSIFICATION

TARIFF NO.: 7010.92.50

Mr. Joel McClure
Restoration Hardware
2391 W. Winston Avenue
Hayward, CA 94545

RE: The tariff classification of a glass bottle from Italy

Dear Mr. McClure:

In your letter dated March 31, 1999, you requested a tariff classification ruling. A representative sample of the item was submitted with your ruling request.

The product is an empty 750-milliliter “Chianti” style wine bottle with no closure. The lower half of the bottle is covered with raffia. You indicated that these bottles would be sold to retail stores along with color drip-type candles. The candles will not be imported with the bottles. You further stated that it is your intention to sell the bottles along with the candles as a set; however, they will also be sold at retail sale separately.

You indicated in your letter that the item could be used as a candleholder and/or a bottle. Although you state that this article can be used as a candleholder, the form of the glass bottle indicates that it belongs to the class or kind of merchandise principally used for the conveyance or packing of liquids sold commercially.

The applicable subheading for the empty wine bottle will be 7010.92.50, Harmonized Tariff Schedule of the United States (HTS), which provides for carboys, bottles,and other containers, of glass, of a kind used for the conveyance or packing of goods; other of a capacity: exceeding 0.33 liter but not exceeding 1 liter: other containers (with or without their closures). The rate of duty will be free.

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 212-637-7074.

Sincerely,

Robert B. Swierupski
Director,

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