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NY I82562




June 12, 2002

CLA-2-70:RR:NC:2:226 I82562

CATEGORY: CLASSIFICATION

TARIFF NO.: 7010.90.50, 8309.90.0000

Mr. Vincent Arguimbau
Kiwi Trading Company
4 Davenport Avenue
P.O. Box 632
Greenwich, CT 06836-0632

RE: The tariff classification of empty glass jars with metal caps from Spain

Dear Mr. Arguimbau:

In your letter dated May 21, 2002, you requested a tariff classification ruling. A catalogue page depicting various glass jars with metal caps was submitted with your ruling request.

You indicated in your letter that you wish to import two sizes of empty glass jars: design 5CYL - 5 fluid ounce capacity with a 43 mm “twist-off” metal cap and design 3-1/2CYL - 3 fluid ounce capacity with a 38 mm “twist-off” metal cap. You further indicated that the intended use of these jars is to pack capers and olives.

When the glass jars and metal caps are imported together in the same shipment in equal numbers (with each cap designated for a jar) the product will be classified as a glass jar. The applicable subheading for the glass jars will be 7010.90.50, Harmonized Tariff Schedule of the United States (HTS), which provides for glass containers of the kind used for the conveying or packing of goods. The rate of duty will be free.

When the glass jars and metal caps are imported in unequal numbers, each component (glass jars and metal caps) will be classified separately.

The applicable subheading for the glass jars will be 7010.90.50, HTS, which provides for glass containers of the kind used for the conveying or packing of goods. The rate of duty will be free.

The applicable subheading for the metal caps will be 8309.90.0000, HTS, which provides for stoppers, caps and lids (including crown corks, screw caps and pouring stoppers), capsules for bottles, threaded bungs, bung covers, seals and other packing accessories, and parts thereof, of base metal: other. The rate of duty will be 2.6 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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