CLA-2-70:S:N:N3:226 883969

Mr. Rafael Lopez de Victoria
Owens-Illinois de Puerto Rico
P.O. Box 387
Vega Alta, Puerto Rico 00692

RE: The tariff classification of a glass jar and two spice jars from Columbia and Venezula.

Dear Mr. Lopez de Victoria:

This is in response to your request for a tariff classification ruling dated February 25, 1993.

You have submitted three samples of glass articles. Item CV- 1276 is a mayonnaise jar which measures approximately 7 1/4 inches in height and 3 1/2 inches in diameter. The mouth of the jar is approximately 2 3/4 inches in diameter and the product holds a volume of 32 ounces.

Item CV-1274 is a spice jar (glass storage article) which measures approximately 6 1/2 inches in height and 1 7/8 inches in diameter. You state that the price of this merchandise is $15.75 per gross. Item EC-2525 is a spice jar (glass storage article) which measures approximately 6 1/4 inches in height and 1 1/2 inches in diameter. You state that the price of this merchandise is $8.50 per gross. The provision applicable to the mayonnaise jar (CV-1276) will be subheading 7010.90.50, Harmonized Tariff Schedule of the United States (HTS), which provides for jars of glass, of a kind used for the conveyance or packing of goods...: Other: Other containers (with or without their closures). The duty rate will be Free.

The provision applicable to the spice jars (CV-1274 and EC- 2525) will be subheading 7013.39.20, HTS, which provides for glassware of a kind used for table (other than drinking glasses) or kitchen purposes other than of glass ceramics: Other: Other: Valued not over $3.00 each. The rate of duty will be 30 percent ad valorem.

Goods classifiable under subheading 7013.39.20, HTS, which have originated in the territory of Columbia, will be entitled to a duty free rate under the Andean Trade Preference Act (ATPA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Sincerely,

Jean F. Maguire
Area Director
New York Seaport