The tariff classification of a glass storage article from China

N100999 May 7, 2010 CLA-2-70:OT:RR:NC:N2:226 CATEGORY: Classification TARIFF NO.: 7013.49.2000 Mr. Paul Leitner Oceanland Service, Inc. 8054 Garvey Ave. Rosemead, CA 91770 RE: The tariff classification of a glass storage article from China Dear Mr. Leitner: In your letter dated April 9, 2010, on behalf of Walden Trading, you requested a tariff classification ruling regarding a glass storage article with a plastic lid (which you referred to as “Jam Jar”). A sample was submitted with your ruling request. The product measures approximately eleven inches in height. You advised our office that the unit value of this item is not over three dollars. In your letter you suggested that this storage article should be classified as a container or as a preserving jar in heading 7010, Harmonized Tariff Schedule of the United States (HTSUS). However, the product has the form of a household storage article used to hold or store food in the home or other indoor contexts. This type of product is classifiable as table/kitchen glassware in subheading 7013.49, HTSUS. The article does not have the form of a container principally used to convey or pack merchandise for sale commercially, nor does it have the form of a preserving jar. Therefore, heading 7010 is not applicable to this item. The applicable subheading for the glass storage article with plastic closure will be 7013.49.2000, HTSUS, which provides for 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 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). 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 National Commodity Specialist Division