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NY M86956




October 26, 2006

CLA-2-70:RR:NC:1:126 M86956

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.39.2000

Ms. Geri Davidson
The Container Store
500 Freeport Parkway
Coppell, TX 75019

RE: The tariff classification of a glass canister set from Italy

Dear Ms. Davidson:

In your letter received October 2, 2006, you requested a tariff classification ruling. A representative sample was submitted with your ruling request.

The merchandise in question is described in your letter as “sku number 10036346 – Giara set of three canisters”. Each canister measures approximately 4 ¾ inches in height by 3 ½ inches in diameter at the top opening. It is composed of clear glass and a plastic lid with an airtight silicone gasket. You stated that the silicone gasket will preserve the freshness of dry foods. The exterior surface of each canister is decorated with the word coffee, tea or sugar in various languages.

You indicated in a telephone conversation that the unit value of each canister is not over three dollars.

The applicable subheading for the glass canister set will be 7013.39.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for glassware of a kind used for table (other than drinking glasses) or kitchen purposes other than that of glass-ceramics otherother valued not over three dollars each. The rate of duty will be 22.5 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

Pursuant to title 19 United States Code, Section 3005 The Harmonized Tariff Schedule of the United States is expected to be amended effective 1/1/07. The amendments are expected to affect the classification of your merchandise. Pursuant to Section 3005 c, the report recommending those changes has been sent to the President for proclamation of the changes. Upon the expiration of sixty legislative days, in the absence of Congressional action, the recommended changes will become law. Accordingly based on that recommendation, it is anticipated that your merchandise will be classified in 7013.49.2000 under the 2007 Harmonized Tariff Schedule. Under the circumstances, this classification under the 2007 tariff is advisory only.

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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