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NY H87051





January 18, 2002

CLA-2-70:RR:NC:2:226 H87051

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.39.2000

Ms. Traci Manuel
Virgo III Ltd.
766 Knox Court
Yardley, PA 19067

RE: The tariff classification of a glass storage jar from China

Dear Ms. Manuel:

In your letter dated December 26, 2001, you requested a tariff classification ruling. A representative sample of the item was submitted with your ruling request.

The submitted sample is a clear glass jar that is molded into the shape of a snowman. The jar has a removable top hat shaped glass lid with plastic seal. The jar with lid measures approximately ten and one-half inches in height and four and one-half inches in diameter at the opening.

Your letter indicates that this item will be used to store chocolates and that the unit value of each jar is approximately $0.54.

You suggest 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 principal function of this article is to store food products. The product is regarded as a household storage article, not as a container. Therefore, heading 7010 is not applicable.

The applicable subheading for the glass storage jar 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-ceramicsotherothervalued not over $3 each. The rate of duty will be 24 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 646-733-3027.

Sincerely,

Robert B. Swierupski
Director,

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