The tariff classification of a glass article from China

N167113 June 15, 2011 CLA-2-70:OT:RR:NC:N2:226 CATEGORY: Classification TARIFF NO.: 7013.99.5000 Mr. Thayne Worsley Panalpina on 6 Continents 1555 N Airfield Dr P.O. Box 610014 DFW Airport, TX 75261 RE: The tariff classification of a glass article from China Dear Mr. Worsley: In your letter, dated April 13, 2011, on behalf of Domistyle, you requested a tariff classification ruling regarding a glass article from China – “racetrack jar” (item B1609, JP2531R3 and GP3531R3 B24). A sample was submitted with your ruling request. In your letter you indicated that the article measures 13.2 by 6.8 by 9.2 centimeters and is capable of holding a volume up to nine ounces. The diameter of the opening measures six inches. Although you stated that article was tested for certain American Society for Testing and Materials (ASTM) standards, there is no indication that it was tested according to the ASTM standard for use as a candle container for a filled candle. No labeling, advertising material or other evidence identifying this article as a filled container was submitted. The “racetrack jar” has the form of a general purpose glass article used to hold a wide variety of items in the home or other indoor setting. It does not have a form which indicates that it is specifically designed as a lamp or lighting fitting. The information submitted with your ruling request indicates that the unit value of this glass article is over three dollars but not over five dollars. The applicable subheading for the glass “racetrack jar” will be 7013.99.5000, HTSUS, which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes…other glassware: other: other: other: valued over thirty cents but not over three dollars each. The rate of duty will be 30 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