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NY H87346

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February 25, 2002

CLA-2-70:RR:NC:2:226 H87346

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.39. 5000

Mr. Joel G. McClure
Restoration Hardware
2391 West Winton Avenue
Hayward, CA 94545

RE: The tariff classification of a glass article from Poland

Dear Mr. McClure:

In your letter dated January 29, 2002, you requested a tariff classification ruling. A representative sample of the item was submitted with your ruling request.

The subject article, which is identified as Glass “Pharmacy Vase”, - style #3308-0148, is a clear glass vase that features a pouring spout and graduated measurements etched on the outer surface of the glass. The article measures approximately six and one-half inches in height and three and one-half inches in diameter at the opening.

You indicated that the unit value of this item is $3.95.

In your presentation, you suggest that this product be classified under subheading 7017.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for laboratory, hygienic or pharmaceutical glassware, whether or not graduated or calibrated: other. However, glassware classifiable in heading 7017 is limited to items which are principally used to hold or test material within a laboratory. This product will be principally as a household storage article, not as laboratory glassware. Therefore, heading 7017 is not applicable.

The applicable subheading for the glass “pharmacy vase” will be 7013.39.5000, 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 over three dollars each but not over five dollars each. The rate of duty will be 15 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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See also:

• Tariff No.: 7013.39.50 - Glassware for table or kitchen purposes (o/than drinking glasses), nesoi, n/cut or engraved, valued over $3 but n/o $5 each
• Tariff No.: 7017.90.50 - Laboratory, hygienic or pharmaceutical glassware, whether or not calibrated, nesoi, of glass, nesoi