HQ 0088123 - Decision on Application for Further Review of Protest No. 27049 00 4153, concerning the Classification of "Empty Candle Jars." - United States International Trade Commision Rulings

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HQ 088123

Feb 25, 1991

CLA-2 CO: R:C:F 088123 JGH

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.29.10

District Director of Customs
Port of Los Angeles- Long Beach
300 South Ferry Street
Terminal Island, CA. 90731

RE: Decision on Application for Further Review of Protest No. 27049 00 4153, concerning the Classification of "Empty Candle Jars."

Dear Sir:

This decision involves the classification of certain glass containers from Ecuador under the Harmonized Tariff Schedules of the United States (HTSUS).

FACTS:

The merchandise was entered in April 1989, as votive candle holders, in subheading 7013.99.3500, HTSUS. Customs changed the classification to the provision for other drinking glasses, valued not over $0.30 each, in subheading 7013.29.10, HTSUS. The glasses are made of colorless glass, and measure about 4 inches in height, with a top of about 3 inches in diameter, and about 2 inches at the bottom. Subsequent to importation the glasses are said to be filled with wax and used as candle holders. A sample was submitted.

ISSUE:

Whether the subject glasses are classifiable as drinking glasses in subheading 7013.29.10,HTSUS, votive candle holders in subheading 7013.99.35, HTSUS, or other glass containers in subheading 7010.90.50,HTSUS.

LAW AND ANALYSIS:

The importer contends that the" glass jars" should be classified as containers in subheading 7010.90.50, HTSUS. It is asserted that the Explanatory Notes describe the imports, by stating that heading 7010 covers glass products manufactured by machines which automatically feed molten glass into molds where the finished articles are formed by the action of compressed air. Products covered in subheading 7013 would be processed, it is maintained,according to the Notes by a method of manufacture which produces a "pressed glass."

Merchandise imported into the United States is classified according to its condition as entered. The sample of the imported glass shows it to be a type of drinking glass; nothing in its appearance gives any indication that it is dedicated to any specific use. The fact that it is going to be filled with wax subsequent to importation and used for possible commemorative or religious purposes does not change the classification. While both headings 7010 and 7013 may be considered "use" provisions, it is the principal use, as distinguished from the Actual Use, which controls. The principal use of this class or kind of glass is as a drinking glass. While the Explanatory Notes may describe the type of manufacturing processes used to make the various products covered in the respective provisions, products classified in those provisions are classified by the class or kind of glass products they are, not their method of manufacture.

HOLDING:

The imported glass product is a drinking glass classifiable in subheading 7013.29.10,HTSUS.

The protest should be denied in full.

A copy of the protest should be furnished the protestant along with the Form 19 Notice of Action.

Sincerely,

John Durant, Director

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