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NY B88344




August 21, 1997

CLA-2-70:RR:NC:2:226 B88344

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.39.2000

Ms. Luisa Melendez
Ekco Housewares, Inc.
9234 West Belmont Avenue
Franklin Park, IL 60131-2808

RE: The tariff classification of glass spice bottles from China

Dear Ms. Melendez:

In your letter dated August 4, 1997, you requested a tariff classification ruling regarding glass spice bottles. A representative sample was submitted with your ruling request.

This item consists of a 3.3 fluid ounce bottle which is made of clear glass measuring 3-5/8 inches in height by 1-11/16 inches in diameter with a capacity of 100 ml.

You indicated in your letter that the bottles will be imported in bulk without caps or labels. The unit value for the glass bottles will be 5.9 cents each.

In your letter you suggest that this merchandise should be classified under 7010.94.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for glass containers of the kind commonly used commercially for the conveyance or packing of liquid or solid products. However, these glass spice jars are regarded as storage articles. They belong to a class or kind of merchandise which is principally used to store food material within the home. This type of item is not principally used to simply pack or convey merchandise for sale to the consumer. Therefore, your suggested tariff provision does not apply.

The applicable subheading for the glass spice bottles will be 7013.39.2000, HTS, which provides for glassware of a kind used for table, (other than drinking glasses) or kitchen purposes other than that of glass-ceramics: other: other: valued not over $3 each. The rate of duty will be 27.8 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 212-466-5796.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch

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