HQ 954933: Multi-faceted (octagonal and hexagonal) shaped glasscontainers; U.S. Additional Note 1(a); EN 70.10; HRL 087359

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 954933

                                             June 26, 1994

CLA-2 CO:R:C:M 954933 MMC

CATEGORY: Classification

TARIFF NO.: 7010.90.50

Mr. Dennis Heck, Director 
Trade Services
Tower Group International, Inc.
5420 West 104th Street
Los Angeles, CA 90045

RE: Multi-faceted (octagonal and hexagonal) shaped glass
containers; U.S. Additional Note 1(a); EN 70.10; HRL 087359

Dear Mr. Heck:

     This is in response to your letter of August 27, 1993, on
behalf of H & H Glass Inc., requesting a ruling regarding the
classification of various multi-faceted (hexagonal and octagonal)
shaped glass containers under the Harmonized Tariff Schedule of
the United States (HTSUS).   Samples and product brochures were
submitted for our review.

     According to that letter and your letter of January 24,
1994, several styles of these glass containers are the subject of
pending protests.  Section 177.1(a)(1) of the Customs Regulations
[19 U.S.C. 177.1(a)(1)], states, in pertinent part, that:

     ...Generally, a ruling may be requested under the provisions
of this part only with respect to prospective transactions--that
is, transactions which are not already pending before a Customs
Service office by reason of arrival, entry, or otherwise.

     Therefore, all currently protested styles will be handled in
accordance with the protest procedures set forth in Part 174 of
the Customs Regulations [19 CFR Part 174].  This ruling will
apply to the octagonal and hexagonal shaped glass containers
which are not subject to pending protests.  

FACTS:

     The articles in question are various styles of multi-faceted
(hexagonal and octagonal shaped) glass containers.  You state
that they are made of ordinary disposable recyclable glass, have
standard glass industry finishes and were produced by an
Automated Individual Section Container Forming Machine, which
uses a variety of stock molds to produce containers by pressure
and blown compressed air.

     You further state that the containers are sold by the
importer to various distributors who then sell the containers to
food packers.  The food packers exclusively use the containers to
package, convey, market and sell jams, jellies, honey, sauces,
mustards, salsa and other food products.  The containers, which
are very inexpensive, are not sold to household consumers until
filled.

     The containers are described as follows:

1. CP Series Octagonal:             2. GC Series Octagonal:
  ITEM         CAPACITY                 ITEM      CAPACITY  
   CP-04        32.00ml                 GC-165    236.56ml



3. RP Series Hexagonal:

   ITEM        CAPACITY  
   RP-25       118.28ml
   RP-26        45.00ml
   RP-27        55.00ml
   RP-28       110.00ml
   RP-29       190.00ml
   RP-30       354.84ml

ISSUE:

     Are the subject octagonal and hexagonal shaped glass
containers classifiable as containers for the conveyance or
packing of goods?

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 pertinent part, that for legal purposes,
classification shall be determined according to the terms of the
headings and any relative section or chapter notes.  Heading
7010, HTSUS, provides for [c]arboys, 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.

     This is a use provision and as such, according to Additional
U.S. Note 1(a), HTSUS, [i]n the absence of special language or
context which otherwise requires-- a tariff classification
controlled by use (other than actual use) is to be determined in
accordance with the use in the United States at, or immediately
prior to, the date of importation, of goods of that class or kind
to which the imported goods belong, and the controlling use is
the principal use.  Therefore, the principal use of the articles
at the time of importation in the United States, will determine
the article's classification.

     In understanding the language of the HTSUS, the Harmonized
Commodity Description and Coding System Explanatory Notes (ENs)
may be consulted.  The ENs, although not dispositive nor legally
binding, provide a commentary on the scope of each heading of the
HTSUS and are generally indicative of the proper interpretation
of these headings.  See T.D. 89-80, 54 Fed. Reg. 35127, 35128,
(August 23, 1989).  EN 70.10, pgs. 933-34 states, in pertinent
part, 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.). 

     [t]hese containers remain in this heading even if they are
     ground, cut, sand-blasted, etched or engraved, or decorated
     (this applies, in particular, to certain perfume or liqueur
     bottles), banded, wickered or otherwise trimmed with various
     materials (wicker, straw, raffia, metal, etc.); they may
     also have tumbler-caps fitted to the neck.  They may be
     fitted with drop measuring devices or may be graduated,
     provided that they are not of a kind used as laboratory
     glassware.

     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, a
     lip or flange to hold the lid or cap.  Some of these
     containers, however may be closed by corks or screw
     stoppers...

     In Headquarters Ruling Letter (HRL) 087359, dated August 8,
1990, Customs created a scope for the class of glass containers
commercially used to convey solid or liquid products.  The ruling
stated, in pertinent part, that: 

     the key phrase in this instance is "commonly used
     commercially for the conveyance" of liquids.  The root word
     of "commercially" is commerce which is described as the
     exchange or buying and selling of commodities.  Webster's
     Third New International Dictionary, (1986) and The Random
     House Dictionary of the English Language, (1983).  The root
     word of "conveyance" is convey which is described as to
     carry, bring or take from one place to another; transport;
     bear.  The Random House Dictionary of the English Language,
     (1983) and Webster's Third New International Dictionary,
     (1986).

     Therefore, for a glass container to be classifiable under
heading 7010, HTSUS, as a container for the conveyance or packing
of goods, it must be part of the exchange or buying and selling
of commodities and it must be used to convey a product to a
consumer who uses the product and then discards the container.

     We are of the opinion that the distribution of the
containers from the importer to distributors who then sell all of
the containers to various food packers indicates that the
containers are used to commercially convey food stuffs to a
consumer.  Additionally, the containers' lack of decoration, or
uncommon lid indicate that they are the type of containers that,
when emptied, will be discarded by the consumer.   Finally, the
containers are made of ordinary glass by pressure in a mold, have
a large opening, a short neck, and a flange.  Therefore, the
containers are classifiable in heading 7010, HTSUS, specifically
subheading 7010.90.50, HTSUS. 

HOLDING:

     The subject octagonal and hexagonal shaped containers are
classifiable in subheading 7010.90.50, HTSUS, as containers for
conveyance or packing of goods.


                                   Sincerely,



                                   John Durant, Director
                                   Commercial Rulings