The tariff classification of a glass storage article from China

N237429 March 22, 2013 CLA-2-:OT:RR:NC:2:226 CATEGORY: Classification TARIFF NO.: 7013.49.5000 Mr. Solan James Solan A. James Enterprise Airport Industrial Park145 Hook Creek Blvd. Bldg. B6A Valley Stream, NY 11581 RE: The tariff classification of a glass storage article from China Dear Mr. James: In your letter dated December 3, 2013, on behalf of Art & Cook, you requested a tariff classification ruling regarding a glass storage article referred to as “Greenie Fresh Herb Storage Container” or “Fresh Herb Keeper.” A sample was submitted with your ruling request. The sample was sent to our U.S. Customs and Border Protection Laboratory for analysis. Our laboratory has now completed its analysis. The product is a storage article measuring ten inches in height and five inches in diameter. It consists largely of glass. It also includes plastic and metal components. The article will be used to store herbs. According to the information presented in your ruling request, when herbs are held within the glass and placed in a refrigerator, they will remain fresh for up to two weeks. The essential character of this article is imparted by the glass component. Your letter indicates that the unit value of the product will be over three dollars but not over five dollars. In your letter you stated that the “Greenie Fresh Herb Storage Article” consists of tempered glass. However, our laboratory has determined that this glass is not specially tempered (i.e., not pressed and toughened). The applicable subheading for the “Greenie Fresh Herb Storage Article” (“Fresh Herb Keeper”) will be 7013.49.5000, Harmonized Tariff Schedule of the United States (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: 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, Thomas J. Russo Director National Commodity Specialist Division