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NY C86918




May 5, 1998

CLA-2-70:RR:NC:2:226 C86918

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.99.5000

Ms. Gerry Stauffenecker
Tsumura International
1000 Valley Park Drive
Shakopee, MN 55379

RE: The tariff classification of two glass articles from China

Dear Ms. Stauffenecker:

In your letter dated April 16, 1998, you requested a tariff classification ruling regarding two empty glass cylinders. A representative sample of the item was submitted with your ruling request.

You indicated in your letter that the glass cylinders will be imported in two sizes: 1.5 liter (4.5 inches in diameter) and 3.0 liter (5.5 inches in diameter). You stated that these glass cylinders will be used as potpourri holders.

You suggested that these products be classified under heading 7010, Harmonized Tariff Schedule of the United States (HTS), which provides for...other containers, of glass, of a kind used for the conveyance or packing of goods. However, containers classifiable in heading 7010 are limited to items which are principally used for the conveyance and packing of goods sold commercially. The form and shape of the glass cylinders indicate that they are not principally used as containers.

The applicable subheading for the two glass articles will be 7013.99.5000, HTS, which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes...: other glassware: other: other: valued over $0.30 but not over $3 each. The rate of duty will be 30 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,

Robert B. Swierupski
Director,

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