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NY N025014




April 16, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 7010.90.50, 8309.90.0000

Ms. Melissa Moore
Hanna’s Candle Co.
2700 Armstrong Avenue
Fayetteville, Arkansas 72701

RE: The tariff classification of two empty glass jars with metal lids from China

Dear Ms. Moore:

In your letter dated March 12, 2008, you requested a tariff classification ruling. Two representative samples were submitted with your ruling request.

You indicated in your letter that you wish to import two sizes of empty glass jars with “twist-off” metal lids: one larger jar measuring 4 ½” in height and 3” in diameter at the opening, and one smaller jar measuring 2 ¾” in height and 3” in diameter at the opening. Each jar is composed of ordinary clear glass with a threaded top and a ribbed exterior surface.

You indicated in your letter that the glass jars and lids are bulk packed separately and shipped on the same containers.

When the glass jars and metal lids are imported together in the same shipment in equal numbers (with each lid designated for a jar) the product will be classified as a glass jar. The applicable subheading for the glass jars with metal lids will be 7010.90.50, Harmonized Tariff Schedule of the United States (HTSUS), 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 lids are imported with extra metal lids, these extra metal lids will be classified separately.

      The applicable subheading for the extra metal lids will be 8309.90.0000, HTSUS, 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.

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).

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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