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NY 808058




March 29, 1995

CLA-2-70:S:N:N3:226 808058

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.99.50000

Ms. Marjorie M. Shostak
Stein, Shostak, Shostak and O'Hara
515 South Figueroa Street
Suite 1200
Los Angeles, California

RE: The tariff classification of decorative glass jars from Thailand

Dear Ms. Shostak:

In your letter dated March 9, 1995, on behalf of Riekes Distributing, you requested a tariff classification ruling on decorative glass jars (potpourri type).

These jars (styles B3912, B3918, B3924, B3927) are octagonal in shape and approximately three and a half inches in diameter. Each item has a glass top closure with a plastic rim. The heights of the jars are 67 millimeters, 98 millimeters, 120 millimeters and 140 millimeters. Samples of two of these items (B3912 and B3918) were submitted with your ruling request.

In your letter you state your opinion that this merchandise should be classified in subheading 7010.90.50, Harmonized Tariff Schedule of the United States (HTS), which provides for glass containers of the kind used for the conveying or packing of goods. In the alternative, you contend that these products should be regarded as candleholders classifiable in subheading 9405.50.40, HTS, under the provision for nonelectrical lamps and lighting fittings.

Neither subheading 7010.90.50 nor subheading 9405.50.40 is applicable to this merchandise. These products are not principally used as containers for conveying or packing goods. They are not principally used as candleholders. These jars are principally used as general purpose household articles.

The applicable subheading for these glass decorative articles will be subheading 7013.99.50, Harmonized Tariff Schedule of the United States (HTS), which provides for glassware of a kind used for...toilet, office, indoor decoration or similar purposes...other glassware: other: other: other: valued not over thirty cents but not over three dollars each. The duty rate will be 30 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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