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NY L81928




February 11, 2005

CLA-2-70:RR:NC:1:126 L81928

CATEGORY: CLASSIFICATION

TARIFF NO.: 7010.90.50, 7013.39.2000

Ms. Cheryl Efficace
Expeditors International of Washington, Inc. 5200 W. Century Blvd., 6th Floor
Los Angeles, CA 90045

RE: The tariff classification of three empty glass jars from China

Dear Ms. Efficace:

In your letter dated January 11, 2005, on behalf of your client, Del Rey Nut Company, Inc., you requested a tariff classification ruling. Three representative samples were submitted with your ruling request.

The submitted glass jar, designated in your letter as Sample #1, is an empty, rectangular-shaped, clear glass jar with round corners. It has a steel twist on/off round cap with a satin finish. The measurements are approximately 4 inches in height by 2 ½ inches in diameter at the opening.

The submitted glass jar, designated in your letter as Sample #2, is an empty, rectangular-shaped, clear glass jar with round corners. It has a gold-colored twist on/off metal lid. The measurements are approximately 2 ½ inches in height by 2 inches in diameter at the top opening and 3 ¼ inches in width at the base.

The applicable subheading for the two empty glass jars (Sample #1 and #2) 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.

The submitted glass jar, designated in your letter as Sample #3, is an empty, light bulb shaped, clear glass storage jar with a removable gold-colored metal screw on/off cap. The measurements are approximately 5 inches in height by ½ inch in diameter at the opening and 1 ½ inch at the base. The item is designed to stand on its own.

The applicable subheading for the light bulb shaped glass storage jar (Sample #3) will be 7013.39.2000, HTS, which provides glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes: glassware of a kind used for table (other than drinking glasses) or kitchen purposes other than that of glass ceramics: other: other: valued not over $3 each. The rate of duty will be 22.5 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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