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NY J83549




May 2, 2003

CLA-2:RR:NC:2:226 NY J83549

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.39.2000

Ms. Lisa Talmage
Phoenix International Trade Services
712 North Central
Wooddale, Il 60191

RE: The tariff classification of glass cruets from Italy

Dear Ms. Talmage:

In your letter dated March 27, 2003 you requested a tariff classification ruling, on behalf of Tablecraft Products, regarding two glass cruets (storage articles with handles) and a glass bottle.

Samples were submitted with your ruling request. These samples are being returned to you.

One glass cruet is approximately seven inches high, with a width of approximately three inches at its widest point and a diameter of one and three quarters inches at the base. The second glass cruet is approximately six inches high, with a width of approximately three and a half inches at its widest point and a diameter of three inches at the base.

The glass bottle is approximately eleven inches in height and two inches in width.

You indicated that the value of each glass article is thirty-eight cents.

This ruling is being issued with respect to the glass cruets only. We have additional questions regarding the glass bottle and we are unable to issue a ruling on this item until these questions are answered.

In you letter several classifications were suggested. The suggested classifications included the provision for glass containers in heading 7010, Harmonized Tariff Schedule of the United States (HTS). However, heading 7010 covers items principally used as containers for packing or conveying merchandise sold commercially. Based on their form, the cruets are principally used for the household storage of food materials, not to convey or pack goods sold commercially. These items are storage articles, not containers. Therefore, heading 7010 is not applicable to the cruets.

Your letter also suggested that the cruets be classified in subheading 7013.99.50 as glassware for toilet, office, indoor decoration or similar purposes. However, these products are principally used as household storage articles for food materials (i.e., table/kitchen glassware), not as decorative articles. They are more specifically provided for as glassware for table and kitchen purposes in subheading 7013.39. Subheading 7013.99 is not applicable.

Your letter also suggested classification of this merchandise in subheading 7013.99.10 which covers decorative glassware colored prior to solidification with numerous, bubbles seeds or stones throughout the mass of the glass. However, these glass articles are not colored prior to solidification. Furthermore, the cruets are table/kitchen glassware, not decorative glassware. Therefore, subheading 7013.99.10 is not applicable.

The applicable subheading for the glass cruets will be 7013.39.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for glassware of a kind used for table (other than drinking glasses) or kitchen purposes...other: other: valued not over three dollars each. The rate of duty will be 23.2 percent ad valorem.

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 646-733-3027.

We do not have sufficient information to provide a classification ruling regarding the other glass bottle. In order to issue a ruling regarding the other glass bottle, we need the following additional information. Please submit the additional information indicated below.

Please submit all available advertising material and marketing literature indicating how this item will be used and marketed.

Will the bottle be sold empty to consumers to be used for household storage, or will it be sold to consumers filled with food or other materials? Will it be used primarily for the storage of food materials or for the storage of other materials? Identify the materials that will be stored in the glass bottle.

Will the bottle simply be used as a decorative article?

If this product will be used for more than one purpose, please indicate the percentage of the importer’s customers who will use it for each purpose.

When this information is available, you may wish to consider resubmission of your request. If you resubmit the request, please resubmit the sample of the glass bottle and a copy of your original letter along with the additional information requested in this notice.

Please mail your request to U.S. Customs, One Penn Plaza, 10th Floor, Customs Information Exchange, attention: Binding Rulings Section.

If you have any questions regarding the above, contact National Import Specialist Jacob Bunin at 646-733-3027.

Sincerely,

Robert B. Swierupski
Director
National Commodity

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