CLA-2-70:S:N:N3:226 893306

Mr. Carol A. Garrity
Garrett, Hewitt International
147 Broadway
Hawthorne, NY 10532

RE: The tariff classification of a glass container from Taiwan.

Dear Ms. Garrity:

This is in response to your request for a tariff classification ruling dated December 14, 1993. The sample which you have submitted (no style name given) is a bottle which is approximately 5 1/4 inches high with a diameter of 2 1/2 inches. The bottle has a wide mouth of approximately 1 3/4 inches in width. You have stated in your letter that the bottle is not for retail use and you have further stated by telephone that it will be used to hold perfume for laboratory analysis.

The provision applicable to the submitted sample will be subheading 7017.90.00, Harmonized Tariff Schedule of the United States (HTS), which provides for Laboratory, hygienic or pharmaceutical glassware, whether or not graduated or calibrated: Other: Other. The rate of duty is 8.4 percent ad valorem. You have referred in your letter to DD 858691 (dated 12/21/90). You state that it is your understanding that the classification given in that ruling (HTS 7010.90.20) would apply to the product which you are now inquiring about. The items in ruling DD858691 were containers for toiletry products for retail sale. However, the item now under consideration will be used in laboratories and has the appearance of laboratory glassware. It is classifiable as laboratory glassware in heading 7017, not as a container in heading 7010. 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