HQ 954671

February 24, 1999

CLA‑2 RR:CR:GC 954671 PH

CATEGORY: Classification

TARIFF NO.: 7010.90.50; 7013.39.20; 7013.39.50; 7013.39.60

Port Director

U.S. Customs Service

200 Granby Street, Suite 839

Norfolk, VA 23510

RE: Protest 1401-93-100077; preserving jars; conveyance or packing of
goods; glassware for table, kitchen, toilet, office, indoor decoration;
household storage articles

Dear Port Director:

This is in response to protest 1401-93-100077, which pertains to the
tariff classification of certain articles of glass under the Harmonized
Tariff Schedule of the United States (HTSUS). Pictorial representations
were submitted for our examination. Consideration was given to the
presentation of counsel for the protestant in a meeting with
representatives of this office on October 22, 1998 (counsel for the
protestant has since withdrawn as counsel of record). Delay in this
matter was occasioned at the request of the protestant.

FACTS:

Five entries, filed March 5, April 10, June 18, July 14, and August 17,
1992, are included in the protest, which is against the classification
of the various styles of glassware entered in the protested entries. The
glassware is described in the following table (in order by entry and as
the items appear in the invoice for each entry, unless otherwise noted).

  ---------------- --------------- -------------------------------------------
  Code/Ref.        Denomination    Description/Liquidated Classification

  6021503          Liscio, 2,000   Ten sides, tall, straight sides, no neck,
                   Ml.             large opening with a wire bail and rubber
                                   ring closure system, metal spigot near the
                                   base. (7013.39.50 (hereafter \"(B)\"))

  1021303          Bott. Giant,    Tall, cylindrical body, diameter gradually
                   3,000 Ml.       diminishing in a long neck, small opening,
                                   cork closure, metal spigot near the base.
                                   (7013.39.60 (hereafter \"(C)\"))

  6021721          Medaglia, 1,000 Round discus-shaped body with a flat base
                   Ml.             (about 1/2 as wide as the diameter of the
                                   body at its largest point), moderate neck,
                                   small opening, cork closure, metal spigot
                                   near the base. (B)

  4000560          Colonna, 3,000  Tall, cylindrical body, base flares out
                   Ml.             from body to a diameter approximately twice
                                   that of body, no neck, opening the size of
                                   the body, cork closure. (B)

  1050123          \"LT.23BL\"     No description or illustration provided.
                                   Based on invoice, assumed to be the same as
                                   52123, \"Bottle\", below. (C)

  1022222          Esagono, 12,000 Six-sided, short neck, moderate opening,
                   Ml.             fitted glass closure, metal spigot near the
                                   base. (C)

  6001331          Triang., 500    Triangle shape, short neck, moderate
                   Ml.             opening, cork closure. (7013.39.20
                                   (hereafter \"(A)\"))

  6001333          Triang., 1,500  Triangle shape, short neck, moderate
                   Ml.             opening, cork closure. (A)

  6002735          Prisma, 1,000   Four sides, facing surface larger than
                   Ml.             sides (so that base forms a rectangle),
                                   short neck, moderate opening, glass and
                                   plastic closure with rectangular glass
                                   \"handle\". (A)

  1001218          Orcio, 15,140   No description or illustration of form. (C)
                   Ml.             

  1002246          Lunik, 3,000    Globe shape (similar to a pumpkin shape, in
                   Ml.             that it has convex sections from top to
                                   bottom), short neck, large opening, glass
                                   closure with \"knurled\" handle. (C)

  6021718,         Marasca (first  No description or illustration provided.
  6021719,         3), Picnic      Based on invoice, the first three are
  6021720, 6021722                 assumed to be the same as 0LIMARI82B30V,
                                   Marasca, below. (A)

  21361419,        Sfaccettato     Four sided bottle (with faceted edges),
  21302106,        (faceted), 310  short or no neck, large opening, various
  30350107,        Ml.             closures (\"ermetico\" - wire bail and
  30360108,                        rubber ring closure system, \"sottotappo
  30230504,                        plastica\" - probably glass and plastic
  30251203                         stopper, and other unspecified closures).
                                   Protestant states that the rubber seal and
                                   wire clasping devices are specifically
                                   designed for preserving food products. (A)

  46001724         Rettangolare    Front and back sides in shape of a rounded
                   1,000 Ml.       square and larger than sides (so base makes
                                   an oval), moderate neck, moderate opening,
                                   cork closure. (A)

  66003241         Vaschetta,      No illustration, described as having a
                   1,180 Ml.       rubber seal and wire clasping closure
                                   (invoice description includes \"W/Hermetic
                                   Lid\"). (A)

  46001137         Oil/Vinegar     Two rounded cruets with handles, one side
                   Set, 502 Ml.    of each appears flat so that the cruets fit
                                   against each other in a shallow cylindrical
                                   dish or base, shaped cork closure. (B)

  21050134         LT.34BL, 15,000 No illustration, based on invoice, assumed
                   Ml.             to be same as 1050123, \"LT.23BL\", above,
                                   and 52123 \"Bottle\", below. (May also be
                                   described as \"Demi-Jhons Jar\".) (C)

  71022222         Esagono, 12,000 Same as 1022222, Esagono, above. (C)
                   Ml.             

  66000333         Triangolare,    Same as 6001333, Triang., above. (A)
                   1,500 Ml.       

  46011733         Sveglia, 1,000  \"O\"-shape (area in center open) with
                   Ml.             slightly elongated body, moderate neck,
                                   cork closure. (A)

  46020721         Medaglia, 1,000 Same as 6021721, Medaglia, above. (B)
                   Ml.             

  46000716         Bott. O.S.,     Rounded, front and back larger than sides
                   1,000 Ml.       (so base make an oval), rounded shoulders,
                                   short neck, moderate opening, cork closure.
                                   (A)

  71002247         Lunik, 7,000    Same as 1002246, Lunik, above, except for
                   Ml.             capacity. (C)

  51021303         Bott. Giant,    Same as 1021303, Bott. Giant, above. (C)
                   3,000 Ml.       

                   Olio Quadro,    Rectangular sides of equal size (so base
                   100 Ml.         forms square), short neck, traditional
                                   threaded closure. (A)

  23503            Liscio, 2,000   Same as 6021503, Liscio, above. (B)
                   Ml.             

  02201            Cipolla, 4,000  Globe shape, short neck, large opening,
                   Ml.             glass closure with \"knurled\" handle. (C)

  00331            Triangular, 500 Same as 6001331, Triang., above. (A)
                   Ml.             

  01218            Orcio, 15,140   No description or illustration of form,
                   Ml.             assumed to be the same as 1001218, Orcio,
                                   above (also not described or illustrated).
                                   (C)

  00716            Bottle O.S.,    Same as 46000716, Bott. O.S., above. (A)
                   1,000 Ml.       

  00733            Sveglia, 1,000  Same as 46011733, Sveglia, above. (A)
                   Ml.             

  02247            Lunik, 7,000    Same as 1002246, Lunik, above, except for
                   Ml.             capacity. (C)

  52112            \"Bottle\",     Irregular globe-shaped bottom half, then
                   6,000 Ml.       sides drop in a concave fashion and neck
                                   (longer than bottom half) rises from middle
                                   of concave area, large opening, glass
                                   closure with \"knurled\" handle. (C)

  52123            \"Bottle\",     Same as 52112, \"Bottle\", above, except
                   2,000 Ml.       for capacity. (C)

  21303            Giant, 3,000    Same as 1021303, Bott. Giant, above. (C)
                   Ml.             

  21721            Medaglia, 1,000 Same as 6021721, Medaglia, above. (B)
                   Ml.             

  22222            Exagonal,       Same as 1022222, Esagono, above. (C)
                   12,000 Ml.      

  22225            Exagonal,       Same as 1022222, Esagono, above, except for
                   25,000 Ml.      capacity. (C)

  OLIMAR-I82B30V   Marasca, 250    Rectangular sides of equal size (so base
                   Ml.             forms square), relatively short neck,
                                   traditional threaded closure. (A)

  VSPUP3B00        Pupille, 502    Tall, cylindrical body, diameter gradually
                   Ml.             diminishing in a very long neck, small
                                   opening, cork closure. (B)

                   Esagono, 12,000 Same as 1022222, Esagono, above. (C)
                   Ml.             

                   Esagono, 25,000 Same as 1022222, Esagono, above, except for
                   Ml.             capacity. (C)

                   Lunik, 7,000    Same as 1002246, Lunik, above, except for
                   Ml.             capacity. (C)

                   Oil + Vinegar   Same as 46001137, Oil/Vinegar Set, above.
                   Set, 502 Ml.    (C)

                   Oil + Vinegar   Same as 46001137, Oil/Vinegar Set, above,
                   Bottles, 502    but without the dish or base. (A)
                   Ml.             

                   Cilindro        No description or illustration. (C)

                   Cilindro        No description or illustration. (C)

  OLIMAR-I82B30V   Marasca, 250    Same as OLIMARI82B30V, Marasca, above
                   Ml.             (NOTE: although the protestant provides a
                                   description for VSPUP3B00, Pupille, for
                                   this item, according to the invoice it is a
                                   \"Marasca Bottle\".) (A)

                   \"Liscio\"      Same as 6021503, Liscio, above, except for
                   Bottle Lt. 1,   capacity and that there is no metal spigot
                   1,000 Ml.       near the base. (A)

                   \"Liscio\"      Same as 6021503, Liscio, above. (B)
                   Bottle Lt. 2RV, 
                   2,000 Ml.       

                   Big Bottle      Same as 52123, \"Bottle\", above. (C)
                   LT.23BL, 2,000  
                   Ml.             

                   Exagonal Bottle Same as 1022222, Esagono, above, except for
                   ES/25RV, 25,000 capacity. (C)
                   Ml.             

                   Triangular      Same as 6001331, Triang., above. (A)
                   Bottle TR/1,    
                   500 Ml.         

                   Triangular      Same as 6001333, Triang., above. (A)
                   TR/3, 1,500 Ml. 

                   Lunik LK/7V,    Same as 1002246, Lunik, above, except for
                   7,000 Ml.       capacity. (C)

                   Lunik LK/3V,    Same as 1002246, Lunik, above. (B)
                   3,000 Ml.       

                   Exagonal ES/12, Same as 1022222, Esagono, above. (C)
                   12,000 Ml.      

                   Marasca Bottle  Same as OLIMARI82B30V, Marasca, above. (A)
                   CL. 25, 250 Ml. 

                   Marasca Bottle  Same as OLIMARI82B30V, Marasca, above,
                   CL. 50, 500 Ml. except for capacity. (A)
  ---------------- --------------- -------------------------------------------

In regard to the first three articles, the protestant states that they
are used as containers for dispensing vinegars or olive oil as salad
dressing. Unless otherwise noted, the protestant states in regard to
each of the remaining items that they are normal and appropriate
containers for packaging high-end gourmet food products.

The entries were liquidated on January 15, 1993 (one of the entries was
reliquidated on November 18, 1994, for unrelated reasons). The
merchandise was classified as indicated in the above table, in
subheading 7013.39.20, 7013.39.50, or 7013.39.60, HTSUS, depending on
value. On April 13, 1993, the broker for the importer filed this
protest, arguing that the merchandise is of a kind used for the
conveyance or packing of goods and that it should be classified in
heading 7010, HTSUS.

ISSUE:

Whether the glassware is classifiable as preserving jars of glass or
containers of a kind used for the conveyance or packing of goods under
heading 7010, HTSUS, or glassware of a kind used for table, kitchen,
toilet, office, indoor decoration or similar purposes under heading
7013, HTSUS.

LAW AND ANALYSIS:

Initially, we note that the protest was timely filed (i.e., within 90
days after but not before the notice of liquidation; see 19 U.S.C.
1514(c)(3)(A)) and the matter protested is protestable (see 19 U.S.C.
1514(a)(2) and (5)).

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.

The Harmonized Commodity Description And Coding System Explanatory Notes
(ENs) constitute the official interpretation of the Harmonized System.
While not legally binding on the contracting parties, and therefore not
dispositive, the ENs provide a commentary on the scope of each heading
of the Harmonized System and are thus useful in ascertaining the

classification of merchandise. Customs believes the ENs should always be
consulted. See T.D. 89‑80, published in the [Federal
Register]{.underline} August 23, 1989 (54 FR 35127, 35128).

The 1992 HTSUS headings under consideration, are as follows:

> 7010: 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.
>
> 7013: Glassware of a kind used for table, kitchen, toilet, office,
> indoor decoration or similar purposes (other than that of heading 7010
> or 7018).

Within heading 7013, subheading 7013.39.20 provides for \"\...
\[g\]lassware of a kind used for table (other than drinking glasses) or
kitchen purposes other than that of glass-ceramics: \... \[o\]ther: \...
\[o\]ther: \[v\]alued not over \$3 each\"; subheading 7013.39.50
provides for \"\... \[g\]lassware of a kind used for table (other than
drinking glasses) or kitchen purposes other than that of glass-ceramics:
\... \[o\]ther: \... \[o\]ther: \... \[v\]alued over \$3 each: \...
\[other\] \... \[v\]alued over \$3 but not over \$5 each\"; and
subheading 7013.39.60 provides for \"\... \[g\]lassware of a kind used
for table (other than drinking glasses) or kitchen purposes other than
that of glass-ceramics: \... \[o\]ther: \... \[o\]ther: \... \[v\]alued
over \$3 each: \... \[other\] \... \[v\]alued over \$5 each\".

The provision for preserving jars of glass in heading 7010 is an [eo
nomine]{.underline} provision ([Myers v. United States]{.underline}, 969
F. Supp. 66, 71-73 (CIT 1997)). The provision in heading 7010 for
containers \"of a kind used\" for the conveyance or packing of goods and
the provision in heading 7013 for glassware \"of a kind used\" for table
or kitchen purposes are \"principal use\" provisions ([Group Italglass
U.S.C., Inc. v. United States]{.underline}, 17 CIT 226 (1993)).
Merchandise which is properly classifiable under heading 7010 cannot be
classified under heading 7013, because of the specific parenthetical
provision to that effect in heading 7013 ([Myers]{.underline}, 969 F.
Supp. at 75).

The provision for preserving jars of glass in heading 7010 was
considered in [Myers]{.underline}, [supra]{.underline}. That case
concerned jars with wire bail and rubber ring closure systems. The Court
found the jars to be classifiable under the provision for \"preserving
jars of glass\" in heading 7010. The Court concluded that:

> The three fundamental feature\[s\] which distinguish 'preserving' jars
> from 'packing and conveyance' jars and 'storage' jars are: (1) the
> thickness of the glass in the walls of the jars; (2) the jar's ability
> to form and maintain a hermetic seal; and (3) the jar's potential for
> reuse as a canning or preserving jar. \[969 F. Supp. at 74\]

In this case, item \# 21302106, 30360108, and 66003241, and the
unnumbered \"Liscio\" Bottle (1,000 Ml.), each with a wire bail and
rubber ring closure system, are classifiable in accordance with
[Myers]{.underline}, [supra]{.underline}. That is, the articles meet the
3-part test of [Myers]{.underline} in that the glass walls of the jars
are relatively thick, the closure system provides the ability to form
and maintain a hermetic seal, and the jars have potential for reuse as
canning or preserving jars. Based on [Myers]{.underline} and the
criteria therein, we conclude that these articles are described in the
[eo nomine]{.underline} provision \"preserving jars of glass\" in
heading 7010, HTSUS. Item \# 21302106, 30360108, and 66003241, and the
unnumbered \"Liscio\" Bottle (1,000 Ml.), each with a wire bail and
rubber ring closure system, are classified in subheading 7010.90.50,
HTSUS. This is consistent with Headquarters Ruling (HQ) 960513 dated
August 11, 1997, and HQ 959637 dated December 4, 1997

Item \# 6021503 and 23503, and the unnumbered \"Liscio\" bottle (2,000
Ml.), also have wire bail and rubber ring closure systems. However, each
of these items has a metal spigot near the base. In regard to these
articles, we note the emphasis of the Court in [Myers]{.underline},
[supra]{.underline}, on the ability of preserving jars to form a new
hermetic seal each time the jars are reused (citing the availability of
replacement gaskets for the hermetic closures of preserving jars) (969
F. Supp. at 71 and 74). The metal spigot in these items makes use of the
articles as preserving jars, with repeated use with the creation of a
new hermetic seal with each use, highly unlikely. We have observed that
store displays of such articles (bottles with a wire bail and rubber
ring closure systems and a metal spigot) are marked with warnings such
as \"for decorative use only.\" These articles are subject to the
\"principal use\" analysis set forth below.

The other competing provisions (containers of glass of a kind used for
the conveyance or packing of goods in heading 7010 and glassware of a
kind used for table or kitchen decoration or similar purposes in heading
7013) are \"use\" provisions (see above). If an article is classifiable
according to the use of the class or kind of goods to which it belongs,
as is true of these provisions, Additional U.S. Rule of Interpretation
1(a), HTSUS, provides that:

> In the absence of special language or context which otherwise
> requires‑‑ (a) 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.

In other words, the article\'s principal use in the United States at the
time of importation determines whether it is classifiable within a
particular class or kind ([principal use]{.underline} is distinguished
from [actual use]{.underline}; a tariff classification controlled by the
latter is satisfied only if such use is intended at the time of
importation, the goods are so used and proof thereof is furnished within
3 years after the date the goods are entered (U.S. Additional Note 1(b);
19 CFR 10.131 - 10.139); as stated above, the competing provisions are
[principal use]{.underline} provisions, not [actual use]{.underline}
provisions).

The Courts have provided factors, which are indicative but not
conclusive, to apply when determining whether merchandise falls within a
particular class or kind. They include: general physical
characteristics, expectation of the ultimate purchaser, channels of
trade, environment of sale (accompanying accessories, manner of
advertisement and display), use in the same manner as merchandise which
defines the class, economic practicality of so using the import, and
recognition in the trade of this use. (See [Kraft, Inc, v. United
States]{.underline}, 16 CIT 483 (1992), [G. Heileman Brewing Co. v.
United States]{.underline}, 14 CIT 614 (1990), and [United States v.
Carborundum Company]{.underline}, 63 CCPA 98, C.A.D. 1172, 536 F.2d 373
(1976), [cert. denied]{.underline}, 429 U.S. 979 (1976).)

In applying Additional U.S. Rule of Interpretation 1(a), HTSUS, and the
above cases to heading 7010, HTSUS, it is Customs position that, as a
general rule, a glass article's physical form will indicate its
principal use and thus to what class or kind it belongs. However, should
an exception arise so that an article's physical form does not indicate
to what class or kind it belongs or its physical form indicates it
belongs to more than one class or kind, Customs considers the other
enumerated principal use criteria.

EN 70.10 states, in pertinent part: \"This heading covers all glass
containers of the kind commonly used commercially for the conveyance or
packing of liquids or of solid products (powders, granules, etc.).
\...\" The key phrase in the quoted material is \"commonly used
commercially for the conveyance or packing\" of liquids or solid
products. The root word of \"commercially\" is commerce which is
described as the exchange or buying and selling of commodities. [The
Random House Dictionary of the English Language]{.underline} (1973), p.
295, and [Webster\'s New World Dictionary]{.underline} (3rd Coll. Ed.)
(1988), p. 280. The root word of \"conveyance\" is convey which is
described as to carry, bring or take from one place to another;
transport; bear. [Supra]{.underline}, at p. 320 and p. 305,
respectively.

Based on the above authorities Customs issued Treasury Decision (T.D.)
96-7 which, among other things, adopted certain criteria as indicative,
but not conclusive, of whether a particular glass article qualifies as
part of the class \"containers of glass of a kind used for the
conveyance or packing of goods\" in heading 7010, HTSUS, or the class
\"glassware of a kind used for table or kitchen purposes; glass storage
articles\" in heading 7013, HTSUS.

The criteria in T.D. 96-7 for containers of glass of a kind used for the
conveyance or packing of goods in heading 7010, HTSUS, are:

> 1\. \[The container\] generally \[has\] a large opening, a short neck
> (if any) and as a rule, a lip or flange to hold the lid or cap, \[is\]
> made of ordinary glass (colourless or coloured) and \[is\]
> manufactured by machines which automatically feed molten glass into
> moulds where the finished articles are formed by the action of
> compressed air;
>
> 2\. \[T\]he ultimate purchaser's primary expectation is to
> discard/recycle the container after the conveyed or packed goods are
> used;
>
> 3\. \[The container is\] sold from the importer to a
> wholesaler/distributor who then packs the container with goods;
>
> 4\. \[The container is\] sold in an environment of sale that features
> the goods packed in the container and not the jar itself;
>
> 5\. \[The container is\] used to commercially convey foodstuffs,
> beverages, oils, meat extracts, etc.;
>
> 6\. \[The container is\] capable of being used in the hot packing
> process; and
>
> 7\. \[The container is\] recognized in the trade as used primarily to
> pack and convey goods to a consumer who then discards the container
> after this initial use.

Applicability of the foregoing criteria to the merchandise is as
follows. Each of the articles appears to have been manufactured by
automatic machine from ordinary glass. The articles are imported by the
wholesaler/distributor who packs them with foodstuffs, beverages, oils,
etc., for commercial conveyance and sale. There is no evidence whether
the articles are capable of being used in the hot packing process.

In the case of item \# 6021718, 6021719, 6021720, and OLIMARI82B30V and
the unnumbered Olio Quadro (100 Ml.), Marasca Bottle (250 Ml.), and
Marasca Bottle (500 Ml.), the sizes of the openings and necks vary but
each article is configured to \"hold\" a lid or cap with a traditional
threaded closure. There is no evidence as to whether the ultimate
purchaser's primary expectation would be to discard or recycle the
articles after the goods conveyed or packed in them are destroyed, but
the relatively ordinary appearance (*e.g.*, compared to the other
articles considered in this protest) and the relatively inexpensive
nature of the articles supports such a conclusion. There is no evidence
whether the environment of sale of the articles features the goods
packed in the articles and not the articles themselves, or whether the
articles are recognized in the trade as used primarily to pack and
convey goods to a consumer who then discards or recycles the articles
after this initial use, but the physical form (see above) indicates that
this is so. Item \# 6021718, 6021719, 6021720, and OLIMARI82B30V and the
unnumbered Olio Quadro (100 Ml.), Marasca Bottle (250 Ml.), and Marasca
Bottle (500 Ml.) are properly classified in heading 7010, HTSUS, and
therefore may not be classified in heading 7013, HTSUS. They are
classifiable as containers of glass of a kind used for the conveyance or
packing of goods in subheading 7010.90.50, HTSUS. This is consistent
with HQ 959639 dated October 21, 1997.

Application of the criteria in T.D. 96-7, [supra]{.underline}, to the
remaining articles indicates that they are not of the class or kind
principally used for the conveyance or packing of goods. The sizes of
the openings and necks vary but the articles are not configured to
\"hold\" a lid or cap, other than having a rim with which a cork or
similar closure may be used. There is no evidence as to whether the
ultimate purchaser's primary expectation would be to discard or recycle
the articles after the goods conveyed or packed in them are destroyed.
However, the attractive, unusual forms of the articles (item \# 6021503
and other \"Liscio\" items with metal spigot, 6021721 and other
\"Medaglia\" items, 4000560, 1022222 and other \"Esagono\" items,
6001331 and 6001333 and other \"Triang.\" items, 6002735, 1002246 and
other \"Lunik\" items, 21361419 and other \"Sfaccettato\" items which do
not have wire bail and rubber ring closure systems, 46001724, 46001137
and other \"Oil/Vinegar Set\" items (including bottles for sets without
the dish or base), 46011733 and other \"Sveglia\" items, 46000716 and
other \"Bott. O.S.\" items, 02201, and 52112 and 52123 and other
\"LT.23BL\" or \"LT.34BL\" items (sometimes referred to as \"Big
Bottle\")) supports the conclusion that the articles would be retained
for decorative or storage purposes. The spigot at the base of some of
the articles (item \# 6021503 and other \"Liscio\" items with metal
spigot, 1021303 and other \"Bott. Giant\" items, 6021721 and other
\"Medaglia\" items, and 1022222 and other \"Esagono\" items) supports
the same conclusion for each of those articles, as does the fact that
the top closures for all of these articles are cork or similar closures
allowing for repetitive, extremely easy opening and closing. In the case
of the cylindrically shaped articles (item \# 1021303 and other \"Bott.
Giant\" items, VSPUP3B00, and possibly the \"Cilindro\" item which is
not described or illustrated), although the articles are somewhat
similar to wine bottles (see HQ 961409 dated October 22, 1998), they
have unusually long necks and an attractive form, and are quite large
and relatively expensive, supporting the same conclusion. Similarly,
although there is no evidence whether the environment of sale of the
articles features the goods packed in the articles and not the articles
themselves, or whether the articles are recognized in the trade as used
primarily to pack and convey goods to a consumer who then discards or
recycles the articles after this initial use, the foregoing factors
support the conclusion that the articles are emphasized in the
environment of sale and that the articles are retained after use for
decorative or storage purposes. These articles are classified as other
glassware of a kind used for table (other than drinking glasses) or
kitchen purposes in subheading 7013.39.20, 7013.39.50, or 7013.39.60,
HTSUS, depending on value. This is consistent with HQ 959637 dated
December 4, 1997, and HQ 961353 dated October 20, 1998.

No description or illustration was provided for some of the articles
(item \# 1001218 and similar \"Orcio\" items and 6021722 and unnumbered
\"Cilindro\" items), although the \"Orcio\" items apparently are
relatively large and expensive, supporting the conclusion that they may
be retained after use for decorative or storage purposes (see preceding
paragraph in regard to the unnumbered \"Cilindro\" items). The law
governing protests requires a protest to set forth \"distinctly and
specifically \... each category of merchandise \...\[,\] \... the nature
of each objection and the reasons therefor \... and \... any other
matter required by the Secretary \[of the Treasury\] by regulation\" (19
U.S.C. 1514(c)(1)(B) through (D)). The Customs Regulations issued under
this law require \"\[a\] specific description of the merchandise \...\"
and that \"\[t\]he nature of, and justification for the objection \[be\]
set forth distinctly and specifically with respect to each category,
payment, claim, decision, or refusal\" (19 CFR 174.13(a)(5) and (6)). In
the absence of a description or illustration of these articles, the
protest must be denied in regard to them and they are classified as
liquidated, as other glassware of a kind used for table (other than
drinking glasses) or kitchen purposes in subheading 7013.39.20,
7013.39.50, or 7013.39.60, HTSUS, depending on value.

HOLDINGS:

\(1\) Item \# 21302106, 30360108, and 66003241, and the unnumbered
\"Liscio\" Bottle (1,000 Ml.) are classified as preserving jars of
glass, other containers (with or without their closures), in subheading
7010.90.50, HTSUS.

\(2\) Item \# 6021718, 6021719, 6021720, and OLIMARI82B30V and the
unnumbered Olio Quadro (100 Ml.), Marasca Bottle (250 Ml.), and Marasca
Bottle (500 Ml.) are classified as containers of glass of a kind used
for the conveyance or packing of goods, other containers (with or
without their closures), in subheading 7010.90.50, HTSUS.

\(3\) The remaining articles are classified as other glassware of a kind
used for table (other than drinking glasses) or kitchen purposes in
subheading 7013.39.20, 7013.39.50, or 7013.39.60, HTSUS, depending on
value.

**The protest should be ALLOWED IN PART (as to Item \# 6021718, 6021719,
and 6021720, 21302106, 30360108, 66003241, OLIMARI82B30V, and the
unnumbered \"Liscio\" Bottle (1,000 Ml.) and the unnumbered Olio Quadro
(100 Ml.), Marasca Bottle (250 Ml.), and Marasca Bottle (500 Ml.)) and
DENIED IN PART (as to the remaining articles). In accordance with
Section 3A(11)(b) of Customs Directive 099 3550‑065, dated August 4,
1993, Subject: Revised Protest Directive, you are to mail this decision,
together with the Customs Form 19, to the protestant no later than 60
days from the date of this letter. Any reliquidation of the entry or
entries in accordance with the decision must be accomplished prior to
mailing the decision.**

**Sixty days from the date of the decision, the Office of Regulations
and Rulings will make the decision available to Customs personnel, and
to the public on the Customs Home Page on the World Wide Web at
www.customs.ustreas.gov, by means of the Freedom of Information Act, and
other methods of public distribution.**

Sincerely,

John Durant, Director,

Commercial Rulings Division