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NY C85064




March 11, 1998

CLA-2-70:S:N:N:PF:D06 C85064

CATEGORY: CLASSIFICATION

TARIFF NO.:7010.92.5010

Ms. Patricia A. Biagi
Cirio North America
P.O. Box 5580
San Ramon, CA 94583-0587

RE: The tariff classification of a decorated glass bottle, a product of Italy.

Dear Ms. Biagi:

In your letter dated February, 24, 1998 you requested a tariff classification ruling.
The sample and descriptive information indicate this bottle is a cylindrical, wide mouthed, 53mm RTO twist finish closure, 26 oz. (720g) clear glass bottle. It is marked on the bottom of its knurled base 720ml, stands 9" tall x3" wide, with shoulder commencing at 4.5" height, necking gradually. The neck flares out at 7-8 1/4" before abruptly narrowing for its screw threaded mouth. The narrowest part of the neck is decorated with 2 molded designs of leafed tomatos on opposing "sides" and this bottle is stated to be for use as a container for tomato sauce in the US. There is no closure, which will be sourced in the U.S.

The applicable subheading for the glass bottle will be 7010.92.5010, Harmonized Tariff Schedule of the United States (HTS), which provides for "Carboys, bottles, flasks, jars, pots, vials, ampoules and other containers, of glass, of a kind used for the conveyance or packing of goods; preserving jars of glass; stoppers, lids and other closures, of glass: Other, of a capacity: Exceeding0.33 liter but not exceeding 1 liter: Other containers (with or without their closures) Having a mouth with an outer dimension of 38mm or more: Exceeding 0.473 liter . ." . The rate of duty will be Free.

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,

David Ballard

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