The tariff classification of a glass bottle from Italy
Issued April 29, 1999 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 7010.92.50
Headings: 7010
Product description
The product is an empty 750-milliliter “Chianti” style wine bottle with no closure. The lower half of the bottle is covered with raffia. You indicated that these bottles would be sold to retail stores along with color drip-type candles. The candles will not be imported with the bottles. You further stated that it is your intention to sell the bottles along with the candles as a set; however, they will also be sold at retail sale separately. You indicated in your letter that the item could be used as a candleholder and/or a bottle. Although
CBP rationale
The applicable subheading for the empty wine bottle will be 7010.92.50, Harmonized Tariff Schedule of the United States (HTS), which provides for carboys, bottles,…and other containers, of glass, of a kind used for the conveyance or packing of goods; other of a capacity: exceeding 0.
Full text
NY E80498 April 29, 1999 CLA-2-70:RR:NC:2:226 E80498 CATEGORY: Classification TARIFF NO.: 7010.92.50 Mr. Joel McClure Restoration Hardware 2391 W. Winston Avenue Hayward, CA 94545 RE: The tariff classification of a glass bottle from Italy Dear Mr. McClure: In your letter dated March 31, 1999, you requested a tariff classification ruling. A representative sample of the item was submitted with your ruling request. The product is an empty 750-milliliter “Chianti” style wine bottle with no closure. The lower half of the bottle is covered with raffia. You indicated that these bottles would be sold to retail stores along with color drip-type candles. The candles will not be imported with the bottles. You further stated that it is your intention to sell the bottles along with the candles as a set; however, they will also be sold at retail sale separately. You indicated in your letter that the item could be used as a candleholder and/or a bottle. Although you state that this article can be used as a candleholder, the form of the glass bottle indicates that it belongs to the class or kind of merchandise principally used for the conveyance or packing of liquids sold commercially. The applicable subheading for the empty wine bottle will be 7010.92.50, Harmonized Tariff Schedule of the United States (HTS), which provides for carboys, bottles,…and other containers, of glass, of a kind used for the conveyance or packing of goods; other of a capacity: exceeding 0.33 liter but not exceeding 1 liter: other containers (with or without their closures). The rate of duty will be free. 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 212-637-7074. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division
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Protest 2809-96-101231; various glass containers; conveyanceor packing of goods; preserving jars of glass; glassware fortable, kitchen, toilet, office, indoor decoration; householdstorage articles; principal use; eo nominee; 7010; 7013; EN70.10; EN 70.13; U.S. Additional Note 1(a); T.D. 96-7; Myers v.United States, CIT Slip Op. 97-75; Group Italglass U.S.A., Inc.v. United States, 17 CIT 226 (1993); Commercial Aluminum CookwareCo. v. United States, 938 F. Supp. 875 (CIT 1996); Kraft, Inc, v.United States, 16 CIT 483 (1992); G. Heilman Brewing Co. v.United States, 14 CIT 614 (1990); United States v. CarborundumCompany, 63 CCPA 98, C.A.D. 1172, 536 F. 2d 373 (1976), cert.denied, 429 U.S. 979 (1976); HRLs 959639; 959941; untimelyprotest; 19 U.S.C. 1514(c)(3)(A); 19 CFR 174.12(e); Myers v.United States, CIT Slip Op. 97-75; Penrod Drilling Co. v. UnitedStates, 13 CIT 1005, 727 F. Supp. 1463 (1989), rehearingdismissed, 14 CIT 281, 740 F. Supp. 858 (1990), affirmed, 9 Fed.Cir. (T) 60, 925 F. 2
Protest 2809-96-101228; various glass containers; conveyanceor packing of goods; preserving jars of glass; glassware fortable, kitchen, toilet, office, indoor decoration; householdstorage articles; principal use; eo nominee; 7010; 7013; EN70.10; EN 70.13; U.S. Additional Note 1(a); T.D. 96-7; Myers v.United States, CIT Slip Op. 97-75; Group Italglass U.S.A., Inc.v. United States, 17 CIT 226 (1993); Commercial Aluminum CookwareCo. v. United States, 938 F. Supp. 875 (CIT 1996); Kraft, Inc, v.United States, 16 CIT 483 (1992); G. Heilman Brewing Co. v.United States, 14 CIT 614 (1990); United States v. CarborundumCompany, 63 CCPA 98, C.A.D. 1172, 536 F. 2d 373 (1976), cert.denied, 429 U.S. 979 (1976); HRL 959639; untimely protest; 19U.S.C. 1514(c)(3)(A); 19 CFR 174.12(e); Myers v. United States,CIT Slip Op. 97-75; Penrod Drilling Co. v. United States, 13 CIT1005, 727 F. Supp. 1463 (1989), rehearing dismissed, 14 CIT 281,740 F. Supp. 858 (1990), affirmed, 9 Fed. Cir. (T) 60, 925 F. 2d406 (19
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