CLA-2-70:OT:RR:NC:1:126

Mr. Mark Methenitis
The Vernon Law Group, PLLC
1201 Elm Street
Suite 4242
Dallas, TX 75270

RE: The tariff classification of a glass jar from China

Dear Mr. Methenitis:

In your letter dated December 23, 2008, on behalf of your client, Delicious Brands LLC, you requested a tariff classification ruling. A representative sample was submitted with your ruling request.

The product under consideration, item number DB080607001, is a small, round, clear glass jar with a short neck and a cork or rubber closure. The item measures approximately three inches in height. You state in your letter that the jar is produced by an automatic machine and has a total volume of four ounces (0.118 liters). You further state that the jar will be imported empty, and then filled with scented oil for sale to consumers.

In your letter you indicate that the glass jar is primarily for the conveyance of the oil to the consumer. It is not intended for reuse, refill or decoration.

The applicable subheading for the glass jar with cork or rubber closure will be 7010.90.50, Harmonized Tariff Schedule of the United States (HTSUS), which provides for glass containers of the kind used for the conveying or packing of goods. The rate of duty will be free.

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