The tariff classification of a glass storage article from China

N064838 July 9, 2009 CLA-2-70:OT:RR:NC:4:426 CATEGORY: Classification TARIFF NO.: 7013.49.2000 Mr. Gordon 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 June 5, 2009, on behalf of Kaiser Group, you requested a tariff classification ruling regarding a glass storage article (SKU 3034) A sample was submitted with the ruling request and will be returned to you in accordance with your request. The sample is a cylindrical glass article approximately 23 centimeters in height and six centimeters in diameter. According to the information presented in your letter, the article has a capacity of .53 liter and it “can be used for storing liquids or certain other perishable foods.” You stated that the unit value of this item is not over three dollars. In your letter you indicated your opinion that this article should be classified as a glass container in subheading 7010.90.50, Harmonized Tariff Schedule of the United States (HTSUS). However, glass containers provided for in heading 7010 are limited to items that are principally used for the conveyance and packing of goods sold commercially. Containers classifiable in heading 7010 are generally disposable. SKU 3034 does not have the form of a disposable container. Rather, this item has the form of a household storage article that will be principally used to store food material in the home or other indoor contexts; it has the form of an article that will be used continually for purposes of storage. Household storage articles are classifiable as table and kitchen glassware in subheading 7013.49, HTSUS, not as containers in heading 7010. Therefore subheading 7010.90.50 is not applicable to this article. The applicable subheading for the glass storage article (SKU 3034) 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