The tariff classification of a glass storage article from China

N233340 October 5, 2012 CLA-2-70:OT:RR:NC:N2:226 CATEGORY: Classification TARIFF NO.: 7013.49.2000 Ms. Belinda Wong Simple Symbol (N.A.), Inc. 4195 Chino Hills Pkwy PMB #536 Chino Hills, CA 91709 RE: The tariff classification of a glass storage article from China Dear Ms. Wong: In your letter, received September 14, 2012, you requested a tariff classification ruling regarding a glass storage article - described in your letter as an “air tight glass jar” - from China. A sample measuring approximately five inches in height was submitted with your ruling request. The product has a circular, knob-like glass lid typical of a glass storage article. The lid measures approximately 3.5 inches in diameter. A polypropylene ring is included. You advised our office that replacements for the polypropylene ring will not be marketed in conjunction with this article. In addition, you advised us the unit value of the product will not be over three dollars. In your letter, you suggested that this glass article should be classified as a container or preserving jar in heading 7010, Harmonized Tariff Schedule of the United States (HTSUS). However, although you called the product a “container,” it does not have the form of a container principally used to convey or pack goods for sale. Rather, it has the form of a storage article used continuously to store food in the home. This table/kitchen article may be filled and refilled. In addition, it does not have the form of a preserving jar. Heading 7010 is not applicable to this merchandise. The applicable subheading for the glass storage article will be 7013.49.2000, HTSUS, which provides for 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, Thomas J. Russo Director National Commodity Specialist Division