The tariff classification of three glass containers from China

N029782 June 18, 2008 CLA-2-70:OT:RR:NC:1:126 CATEGORY: Classification TARIFF NO.: 7010.90.20 Mr. John Marshall W.J. Byrnes & Co. 8383 NE Sandy Blvd. Ste. 138 Portland, OR 97220 RE: The tariff classification of three glass containers from China Dear Mr. Marshall: In your letter dated May 28, 2008, on behalf of your client, Royal Summit, Inc., you requested a tariff classification ruling. Three samples were submitted with your ruling request. The subject merchandise consists of three empty glass bottles with removable cork stoppers. The small bottle measures 21 x 41 mm and has a volume capacity of .25 ml. The medium bottle measures 32 x 58 mm and has a volume capacity of .75 ml. The large bottle measures 51 x 94 mm and has a volume capacity of 3.5 ml. The form of each bottle appears to be that of a disposable container for toilet preparations. Each bottle is composed of clear glass, has a rounded top (shoulder), a short neck and a small lip around the opening. You stated that the brand name RSI will appear on the base of each bottle. You indicated in your letter that once these empty glass bottles are imported into the United States they will be filled with a product called “Oil of Love” – a toilet preparation that will be applied to the body, and then sold to consumers. You further stated that the bottles will only be used to convey the oil to the consumer and not intended for reuse or refill. These bottles are intended to be discarded after use. In your letter you indicated that these three glass bottles are completely produced by an automatic machine. The applicable subheading for the three empty glass jars (produced by automatic machine) will be 7010.90.20, Harmonized Tariff Schedule of the United States (HTSUS), which provides for carboys, bottles, flasks, jars, pots, vials, ampoules and other containers of glass, of a kind used for the conveyance or packing of goods…other: containers (with or without their closures) of a kind used for the conveyance or packing of perfume or other toilet preparations…produced by automatic machine. The rate of duty will be 2.5 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