The tariff classification of a glass storage article from China

N136191 December 22, 2010 CLA-2-70:OT:RR:NC:N2:226 CATEGORY: Classification TARIFF NO.: 7013.49.5000 Mr. Gordon C. Anderson C. H. Robinson Worldwide, Inc. Minneapolis International 14800 Charlson Road, Suite 400 Eden Prairie, MN 55347-5048 RE: The tariff classification of a glass storage article from China Dear Mr. Anderson: In your letter dated November 29, 2010, on behalf of your client, Bamboo Bottle Company, you requested a tariff classification ruling. A representative sample and descriptive literature were submitted with your letter. As per your request, the sample is being returned to you. The product under consideration, “Bamboo Bottle Original®” - style #82111, is a storage-type, cylindrically-shaped, 17-ounce glass water bottle that is inserted into a bamboo sleeve. The water bottle is threaded at the top and bottom to accommodate a round top ring, a plastic lid with handle and a round plastic base. You state in your letter that the article can be easily disassembled for cleaning purposes. The glass cylinder can be removed from the bamboo sleeve by unscrewing and removing the plastic base and top. The measurements of the glass bottle are approximately eight and one half inches in height and two inches in diameter at the top and base. In your letter you expressed your opinion that this product should be classified as other articles of glass in subheading 7020.00.60, Harmonized Tariff Schedule of the United States (HTSUS). However, based on its form and function, the product is principally used as glass storage article. The product is more specifically provided for as glassware for table/kitchen purposes in subheading 7013.49. Subheading 7020.00 is not applicable. You indicated in your letter that the unit value of this item is over three dollars but not over five dollars.The applicable subheading for the glass storage article will be 7013.49.5000, 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 of glass-ceramics: other: other: valued over three dollars each: other: valued over three dollars but not over five dollars each. The rate of duty will be 15 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