CLA-2-70:OT:RR:NC:N2:226
Mr. Ciprian Marinescu
Schenker of Canada Ltd.
2100 Avenue Reverchon
Montreal, Quebec
H9P2S7
RE: The tariff classification of a glass storage kitchen article from China
Dear Mr. Marinescu:
In your letter dated September 21, 2011, on behalf of your client, Trudeau Corporation, you requested a tariff classification ruling. A representative sample was submitted with your ruling request.
The product under consideration is described as an “Oil & Vinegar Measure Bottle” – item number 0715090SM. The article consists of a clear glass bottle that screws onto a removable top with a brushed stainless steel finish. The top incorporates a glass tube, two silicone pump buttons (one on each side) and a removable plastic measuring chamber. The complete article measures approximately eight inches in height and has a volume capacity of 11 ounces/314 ml. The article is designed to dispense oil or vinegar from the glass bottle into the measuring chamber by pressing the two silicone pump buttons. There are graduated measurements on each side of the chamber – teaspoons, tablespoons and milliliters (ranging from one teaspoon to three teaspoons).
In your letter, you suggest that the oil & vinegar measure bottle should be classified under subheading 8413.19.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other pumps for liquids fitted or designed to be fitted with a measuring device. However, the product is a glass storage article which incorporates a pump; it is not merely a pump. The essential character of this article is imparted by the glass storage article, not the pump. Item number 0715090SM may be filled and refilled repeatedly, and used continuously in the kitchen to store and dispense oil or vinegar. Therefore, the product is classifiable as table/kitchen glassware in heading 7013, HTSUS, not as a pump in heading 8413.
In your letter you indicated that the unit value of this item is not over three dollars.
The applicable subheading for the oil and vinegar measure bottle, item number 0715090SM, 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/.
You stated in your letter that the oil and vinegar measure bottle will be imported from China. The packaging/box that was submitted with the sample indicates “Made in China”. It is printed in very small lettering. The words “Montreal, Qc, Canada” and “Chicago, IL, U.S.A.”, appear on top of the words “Made in China” and are printed in larger letters. The marking on the box is potentially confusing or deceptive.
The marking statute, Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Section 134.36, Customs Regulations (19 CFR 134.36) addresses the situation in which the name of a country or locality other than the country or locality in which the article was manufactured appears on an imported article or its container. In this situation, the marking may mislead or deceive the ultimate purchaser as to the actual country of origin. Therefore, in such a case, the name of the correct country of origin preceded by the words "Made in," "Product of," or words of similar meaning should appear on the product in a legible, indelible, permanent and conspicuous manner. These words must appear in close proximity to the potentially confusing place name and in lettering at least as large. Therefore, the box should be marked in a legible, indelible, permanent and conspicuous manner with the words "Made in China," and these words should be in close proximity to the words “Montreal, Qc, Canada” and “Chicago, IL, U.S.A.”, and in lettering at least as large.
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