CLA-2-70:OT:RR:NC:N2:226

Mr. Darren Yokopenic
HSN
1 HSN Drive
St. Petersburg, FL 33729

RE: The tariff classification of a glass shaker from Korea

Dear Mr. Yokopenic:

In your letter, dated April 16, 2010, you requested a tariff classification ruling regarding a glass drink shaker which you referred to as “Kinetic Go Green GlassLock.”

A sample was submitted with your ruling request. You advised us that the item number for this sample is 951474.

The sample was sent to our U.S. Customs and Border Protection Laboratory for analysis. Our laboratory’s analysis has now been completed.

The submitted sample has a volume of ten ounces or three hundred milliliters. It has a grade scale which indicates intervals of 2 oz./50 ml.

You indicated that the unit value of the glass shaker is over five dollars.

In your letter you indicated your opinion that this product should be classified in subheading 7013.49.10, Harmonized Tariff Schedule of the United States (HTSUS) under the provision which covers pressed and toughened glassware of a kind used for table or kitchen purposes. However, analysis of the sample by our laboratory has determined that the glass shaker is not specially tempered. Therefore, subheading 7013.49.10 is not applicable to this merchandise.

The applicable subheading for the glass drink shaker will be 7013.49.6000, HTSUS, which provides for glassware of a kind used for table…or kitchen purposes…other: other: valued over three dollars each: other: valued over five dollars each. The rate of duty will be 7.2 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