Glass jar; glass containers for the conveyance or packing of liquids or of solid products; glass preserve jars; household glass storage articles; use provisions; principal use; Additional U.S. Rule of Interpretation 1(a); EN 70.10; EN 70.13; HRL 088020; HRL 087727
Revoked· CBP ruling HQ 954293· Issued 1993-06-30
Ruling text
HQ 954293
June 30, 1993
CLA-2 CO:R:C:M 954293 KCC
CATEGORY: Classification
TARIFF NO.: 7010.90.50
Mr. Andrew S. Liscow
Cincinnati Preserving Company
5514 Fair Lane
Cincinnati, Ohio 45227
RE: Glass jar; glass containers for the conveyance or packing of
liquids or of solid products; glass preserve jars; household
glass storage articles; use provisions; principal use;
Additional U.S. Rule of Interpretation 1(a); EN 70.10; EN
70.13; HRL 088020; HRL 087727
Dear Mr. Liscow:
This is in response to your letter dated May 26, 1993,
regarding the tariff classification of a glass jar under the
Harmonized Tariff Schedule of the United States (HTSUS). A
sample of the jelly filled glass jar was submitted for
examination.
FACTS:
The Cincinnati Preserving 1/2 liter Le Parfait Canning jar
is imported with a bail and trigger assembly and rubber gasket.
The jar is approximately 4 1/2" tall and 4" in diameter with a 21
oz. capacity. In the U.S., the glass jar will be filled will
jelly and jam preserves.
You state that prior to 1992, the jar was entered duty-free
under subheading 7010.90.50, HTSUS, which provides for "Carboys,
bottles, flasks, jars, pots, vials, ampoules and other
containers, of glass, of a kind used for the conveyance or
packing of goods; preserving jars of glass; stoppers, lids and
other closures, of glass...Other...Other containers (with or
without their closures)....". Then in 1992, Customs changed the
classification to subheading 7013.39.20, HTSUS, which provides
for "Glassware of a kind used for table, kitchen, toilet, office,
indoor decoration or similar purposes (other than that of heading
7010 or 7018)...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 $3 each", dutiable at
the rate of 30% ad valorem.
ISSUE:
Are the glass jars classified as preserving jars under
subheading 7010.90.50, HTSUS, or as glassware of a kind used for
the table and kitchen under subheading 7013.39.20, HTSUS?
LAW AND ANALYSIS:
The classification of merchandise under the HTSUS is
governed by the General Rules of Interpretation (GRI's). GRI 1,
HTSUS, states in part that "for legal purposes, classification
shall be determined according to the terms of the headings and
any relative section or chapter notes...." In this case, the
competing headings are headings 7010 and 7013, HTSUS, which are
both considered "use" provisions. A tariff classification
controlled by use (other than actual use) is governed by the
principal use. Additional U.S. Rule of Interpretation 1(a),
HTSUS.
In understanding the language of the headings of the HTSUS,
the Harmonized Commodity Description and Coding System (HCDCS)
Explanatory Notes (ENs) may be utilized. The ENs, although not
dispositive, are to be used to determine the proper
interpretation of the HTSUS. 54 Fed. Reg. 35127, 35128 (Aug. 23,
1989). EN 70.10 (pgs. 933-34) states that "[t]his heading covers
all glass containers of the kinds commonly used commercially for
the conveyance or packing of liquids or of solid products
(powders, granules, etc.). They include...
(B) Jars, pots and similar containers for the conveyance or
packing of certain foodstuffs (condiments, sauces,
fruit, preserves, honey, etc.)...
These articles are usually made of ordinary glass
(colourless or tinted) by pressure in a mould usually
followed by blowing with compressed air. They
generally have a large opening, a short neck (if any)
and as a rule, lip or flange to hold the lid or cap.
Some of these containers, however may be closed by
corks or screw stoppers...
The heading also includes preserving jars of glass."
EN 70.10 also states that heading 7010, HTSUS, does not include
"[d]ecanters, drinking glasses and other glass containers being
domestic glassware (heading 70.13), but not containers used
primarily for the commercial conveyance or packing of goods."
The types of containers found in heading 7010, HTSUS, are
principally used to convey a product to the consumer who uses the
product in the container and then discards the container.
Numerous glass articles used to hold food products within
the home are not classifiable as jars under subheading
7010.90.50, HTSUS, but are considered to be household storage
articles classifiable as table/kitchenware under subheading 7013,
HTSUS. EN 70.13 (p. 936) states:
This heading covers the following types of articles,
most of which are obtained by pressing or blowing in moulds:
(1) Tableware or kitchen glassware, e.g. drinking glasses,
goblets, tankards, decanters, infants' feeding bottles,
pitchers, jugs, plates, salad bowls, sugar-bowls, sauce-
boats, fruit-stands, cake-stands, hors-d'oeuvres dishes,
bowls, basins, egg-cups, butter dishes, oil or vinegar
cruets, dishes (for serving, cooking, etc.), stew-pans,
casseroles, trays, salt cellars, sugar sifters, knife-
rests, mixers, table hand bells, coffee-pots and coffee-
filters, sweetmeat boxes, graduated kitchenware, plate
warmers, table mats, certain parts of domestic churns, cups
for coffee-mills, cheese dishes, lemon squeezers, ice-
buckets.
In Headquarters Ruling Letter (HRL) 088020 dated January 14,
1991, we ruled on 12 sided glass storage jars that varied in
height from approximately 5 1/2" to 14" and were used to hold
foodstuff. They had a metal loop fastener closure and a rubber
ring seal. HRL 088020 stated that heading 7010, HTSUS, "provides
for standard size and shape jars that are used commercially to
convey, pack or preserve foods." The subject jars were shaped
and sized differently than commercial jars used to preserve food.
They were household jars that were used as canisters in the
kitchen to hold various types of food. Therefore, as the jars
were not the type intended to be classified under heading 7010,
HTSUS, they were classified under subheading 7013.39.20, HTSUS.
Various Customs rulings have confirmed the position that
household articles holding different volumes or in different
forms than the typical preserve jar are classifiable in
subheading 7013.39.20, HTSUS. See, HRL 087727
(September 21, 1990), which held that glass spice jars were not
regarded as preserve jars classifiable in heading 7010, HTSUS, as
they were not the size and shape of typical preserve jars.
Based on the submitted information and sample, the subject
Cincinnati Preserving jar should be classified under heading
7010, HTSUS. The jar meets the requirements of preserve jars in
heading 7010, HTSUS, as the jar can contain 1/2 liter or 21 oz.
of foodstuff and is round, even though somewhat shorter in height
and wider in diameter than a typical preserve jar. Therefore,
the jar is properly classified under subheading 7010.90.50,
HTSUS.
HOLDING:
The subject glass jar is classified under the duty-free
tariff provision of subheading 7010.90.50, HTSUS, as preserving
jars of glass.
Sincerely,
John Durant, Director
Commercial Rulings Division
Source: rulings.cbp.gov — ruling 954293, retrieved 2026-10-12T05:27:59Z, republished verbatim. This digest is informational; only CBP issues binding rulings.