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NY I82229




September 3, 2002

CLA-2-96:RR:NC:2:226 I82229

CATEGORY: CLASSIFICATION

TARIFF NO.: 9617.00.1000, 7013.29.2000

Mr. Michael E. Roll
Katten Muchin Zavis Rosenman
525 West Monroe Street
Suite 1600
Chicago, IL 60661-3693

RE: The tariff classification of two vacuum vessels and one drinking glass from China

Dear Mr. Roll:

In your letter dated June 10, 2002, on behalf of your client, The Thermos Company, you requested a tariff classification ruling. Representative samples were submitted and were sent to our Customs laboratory for analysis.

You indicated in your letter that you wish to import three products: a bottle insulator, an insulated pub glass and a replacement drinking glass.

The bottle insulator is a round steel double-walled vacuum vessel with an expandable top cover. The item measures approximately 7 ½ inches height and 2 ¾ inches in diameter. It has a volume capacity of 310 ml. This product serves as a bottle holder and insulator for a beverage.

The insulated pub glass is a tapered steel double-walled vacuum container which includes a 15 ounce removable drinking glass that is shaped to the contour of the insulator. The item features a removable rubber grip at the lip. The measurements are approximately 6 ½ inches in height and 3 ½ inches in diameter.

According to the information, which you submitted, you indicated that these two products – bottle insulator and insulated pub glass with drinking glass will be packed together for retail sale in their imported condition. You further stated that the drinking glass will also be imported individually (without retail packaging) to serve as a replacement part.

Our Customs laboratory has determined that these two products have vacuum properties.

The applicable subheading for the bottle insulator and the insulated pub glass with removable drinking glass will be 9617.00.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for vacuum flasks and other vacuum vessels, complete with cases; parts thereof other than glass inners: vessels: having a capacity not exceeding 1 liter. The rate of duty will be 7.2 percent ad valorem.

The applicable subheading for the drinking glass (when imported individually) will be 7013.29.2000, HTS, which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes...: drinking glasses, other than that of glass-ceramics: other: other: valued over $0.30 but not over $3.00 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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