HQ 089258

December 23, 1991

CLA-2 CO:R:C:M 089258 NLP

CATEGORY: Classification

TARIFF NO.: 7013.99.50

James C. Tuttle, Esq.

Kmart Legal Department

3100 West Big Beaver Road

Troy, MI 48084

RE: Potpourri jars; heading 7103; heading 8306; heading 7806;

GRI 3(b); NYRL 860620; NYRL 860950; HRL 086166

Dear Mr. Tuttle:

This is in response to the request for reconsideration

dated April 26, 1991, submitted by the law firm of Sharretts,

Paley, Carter & Blauvelt, on behalf of Kmart Corporation, of New

York Ruling Letters (NYRL) 860950 and 860620, which dealt with

the classification of potpourri jars under the Harmonized Tariff

Schedule of the United States (HTSUS).

FACTS:

NYRL 860620 dated March 1, 1991, dealt with the

classification of a glass potpourri jar from Taiwan. The

product, Code No. 32-47-88, is composed of two pieces: a glass

holder and a filigreed designed pewter lid which sits on top of

the bowl. The lid has openings and is available in six different

designs. According to the information submitted by counsel, the

total weight of the bowl is 150 grams. The glass bowl weighs 66

grams and costs $0.40. The pewter lid is composed of antimony

(10 percent), lead (88 percent) and tin (2 percent). The lid

weighs 84 grams and costs $0.70. NYRL 860620 held that the glass

body represented the essential character of the potpourri jar and

classified it in subheading 7013.99.50, HTSUS, which provides for

glassware of a kind used for table, kitchen, toilet, office,

indoor decoration or similar purposes, other glassware, other,

other.

NYRL 860950 dated March 12, 1991, also dealt with the

classification of a glass potpourri jar from Taiwan. The

product, Code No. 32-47-86, is a glass holder with a brass or

copper lid and a brass or copper base. The lid contains an

elaborate design with open areas. The lid is available in six

different designs. The base also contains a filigreed design of

ribbons and roses. According to the information submitted by

counsel, the total weight of the bowl, lid and base is 266 grams.

The glass bowl weighs 66 grams and costs $0.38. The lid and base

are composed of antimony (8 percent), lead (90 percent) and tin

(2 percent). The lid weighs 90 grams and costs $0.49 and the

base weighs 110 grams and costs $0.82. NYRL 860950 held that the

glass body represented the essential character of the potpourri

jar and classified it in subheading 7013.99.50, HTSUS.

It is counsel's position that the potpourri jars are

classified in subheading 8306.29.00, HTSUS, which provides for

statuettes and other ornaments, of base metal, other. In the

alternative, counsel argues that the jars are classified in

subheading 7806.00.00, HTSUS, which provides for other articles

of lead. Counsel contends that, pursuant to General Rule of

Interpretation 3(b), the metal lid represents the essential

character of the jars; not the glass bowls. To support this

claim, counsel argues that the metal lids make up the greatest

cost of the good and the greatest weight of the good.

Furthermore, counsel argues that the lid and/or base serve as the

most important distinguishing characteristic of the jars in the

marketplace and to consumers. As the jars are items of home

decoration, it is the metal component which gives them the

greatest degree of decorative value. The holes and open areas of

the lid are what actually allow the potpourri scent to pass into

the air, whereas the glass bowl merely functions as a holder of

the potpourri.

In the event that Customs disagrees with the above

contention, counsel argues that either of the two subheadings

mentioned above are appropriate due to the application of GRI

3(c); between subheading 7013.99.50, HTSUS, and subheading

8306.29.00, HTSUS, and subheading 7806.00.00, HTSUS, the latter

two appear last in the tariff schedule.

ISSUE:

Are the potpourri jars classified in subheading 7013.99.50,

HTSUS, or in subheading 8306.29.00, HTSUS, or in subheading

7806.00.00, HTSUS.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is in

accordance with the General Rules of Interpretation (GRI'S),

taken in order. GRI 1 provides that classification is determined

according to the terms of the headings and any relevant section

or chapter notes. No one heading specifically describes the

potpourri jars at issue.

The three possible headings for classification of the

potpourri jars are the following:

Heading 7013 Glassware of kind used for table,

kitchen, toilet, office, indoor

decoration or similar purposes.

Heading 8306 ...statuettes and other ornaments

of base metal

Heading 7806 Other articles of lead

GRI 3 states, in pertinent part:

When by application of Rule 2(b) or for any other reason,

goods are, prima facie, classifiable under two or more

headings, classification shall be affected as follows:

(b) Mixtures, composite goods consisting of different

materials or made up of different components, and goods

put up in sets for retail sale, which cannot be

classified by reference to 3(a), shall be classified

as if they consisted of the material or component

which gives them their essential character, insofar as

this criterion is applicable.

Explanatory Note VIII to GRI 3(b) of the Harmonized

Commodity Description and Coding System (HCDCS), page 4, states

that:

The factor which determines essential character will

vary as between different kinds of goods. It may, for

example, be determined by the nature of the material or

component, its bulk, quantity, weight or value, or by

the role of a constituent material in relation to the

use of the goods.

Headquarters Ruling Letter (HRL) 086166, dated April 9, 1990,

dealt with the classification of glass curio and trinket boxes

with brass feet and brass on the sides or edges. The importer

argued that the essential character of the boxes was represented

by the brass, since the value of the brass was much greater than

the value of the glass and the quality of workmanship applied to

the brass was greater. Though the brass represented a greater

portion of the product's value than the glass, the body of the

article, (the top, bottom and sides) consisted of glass.

Furthermore, the function of the box, to hold articles, was

represented by the glass, not the brass. Therefore, HRL 086166

held that the essential character of the boxes was found in the

glass body, not the brass feet and edges, as the function of the

box and the greatest portion of the product's surface area were

represented by the glass.

It is our position that the essential character of the

potpourri jars is represented by the glass body, not the metal

lid or base. Though the weight and value of the metal parts are

greater than the glass parts, the glass bowl provides more of the

surface area and the function and use of this merchandise is

clearly represented by the glass holder. The product is marketed

as a potpourri bowl or holder; the portion of the product which

is known as the potpourri bowl or holder consists exclusively of

glass. The item would be a potpourri bowl or holder whether it

has the lid/base or not.

Furthermore, counsel argues that the potpourri jars should

be classified in subheading 8306.29.00, HTSUS. We disagree. The

Explanatory Notes to Heading 8306 provide the following:

This group comprises a wide range of ornaments of base

metal (whether or not incorporating subsidiary non-

metallic parts) of a kind designed essentially for

decoration, e.g., in homes, offices, assembly rooms,

churches, gardens.

* * * *

The group also includes, in the circumstances explained

below, certain goods of the two following categories even

though they have a utility value:

(A) Household or domestic articles whether they are

potentially covered by specific headings for such goods

(i.e., headings 73.23, 74.18 and 76.16) or by the

"other articles" headings (e.g., in the case of

articles of nickel and tin in particular). These

household or domestic articles are generally designed

essentially to serve useful purposes, and any

decoration is usually secondary so as not to impair

the usefulness. If, therefore, such decorated articles

serve a useful purpose no less efficiently than their

plainer counterparts, they are classified as domestic

goods rather than in this group. On the other hand, if

the usefulness of the article is clearly subordinate

to its ornamental or fancy character, it should be

classified in this group, for example, trays so

heavily embossed that their usefulness is virtually

nullified; ornaments incorporating a purely incidental

tray or container usable as a trinket dish or ash-

tray; and miniatures having no genuine utility value

(miniature kitchen utensils).

The potpourri jars are clearly useful as holders. The

decorative lids do not impair the usefulness of the jars.

Therefore, since these jars serve a useful purpose no less

efficiently than their plainer counterparts, they are not

classified as ornaments in subheading 8306.29.00, HTSUS.

HOLDING:

The potpourri jars are classified in subheading 7013.99.50,

HTSUS, which provides for glassware of a kind used for table,

kitchen, toilet, office, indoor decoration or similar purposes,

other glassware, other, other. other, valued over $0.30 but not

over $3 each. The rate of duty is 30 percent ad valorem.

NYRL 860620 and NYRL 860950 are affirmed.

Sincerely,

John Durant, Director

Commercial Rulings Division