us-cbp-cross-rulings-hq-082354•HQ 082354: Decision on Application for Further Review of Protest No. 1001-7-012143
HQ 082354: Decision on Application for Further Review of Protest No. 1001-7-012143
us-cbp-cross-rulings-hq-082354HQ 082354: Decision on Application for Further Review of Protest No. 1001-7-012143Guidance
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 082354
February 6, 1989
CLA-2:CO:R:C:G 082354 SR
CATEGORY: Classification
TARIFF NO.: HTSUS 533.39
Area Director of Customs
New York Seaport
6 World Trade Center
New York, New York 10048-0945
RE: Decision on Application for Further Review of Protest
No. 1001-7-012143
Dear Sir:
This protest was filed against your decision in the
liquidation on June 5, 1987, of entry No. 87-7100013045 dated
February 24, 1987, covering a shipment of earthenware bowls
manufactured in Taiwan.
FACTS:
The bowls at issue (importer's style number 301) are small
round earthenware bowls. They are approximately 3 inches high
and 4 inches across. They are painted in 3-tone color and
glazed. The upper rim is brown, below that is a ring of tan,
the bottom half of the bowl is beige. There is a handle
measuring three inches long and 1-1/2 inches thick that is
attached to the side of the bowl. The handle is also
earthenware and painted and glazed following the design of the
bowl. The upper rim of the bowl has a lip on the inside onto
which fits a lid. The lid is also of earthenware, painted
brown and has a knob handle. The bowls come as a set of four
and are valued at $2.79 and $2.68 per set.
The importer also claims that another type of bowl listed
as earthenware onion soup bowls (importer number 351) is
improperly classified under item 533.39, TSUS, as articles
chiefly used for serving food, of fine-grained earthenware,
other. These bowls are listed as having a value of $0.47 each.
The importer claims that these bowls should be classified under
item 533.34, Tariff Schedules of the United States (TSUS), as
articles chiefly used for serving food, of fine-grained
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earthenware, for soups, oatmeals, and cereals valued over $6.00
per dozen. This claim fails immediately because these bowls
are not valued over $6.00 per dozen.
ISSUE:
Whether the bowls at issue (importer's style number 301)
are classifiable under item 533.34, TSUS, or 533.39, TSUS.
LAW AND ANALYSIS:
Item 533.34, TSUS, provides for articles chiefly used for
preparing, serving, or storing food or beverages, or food or
beverage ingredients: of fine-grained earthenware, household
ware not available in specified sets, for soups, oatmeal, and
cereals valued over $6.00 per dozen. Item 533.39, TSUS,
provides for articles chiefly used for preparing, serving, or
storing food or beverages, or food or beverage ingredients: of
fine grained earthenware, household ware not available in
specified sets, other articles.
The importer claims that these bowls are uniquely shaped
for use as soup bowls, are intended solely for use as soup
bowls and are being sold as such. The bowls involved are
styled in the manner typical of french onion soup bowls,
however, they can also be used for other foods such as chili,
baked beans, or small casseroles. The fact that these bowls
have a lid implies that they are to be used for something other
than french onion soup. French onion soup is not served in a
bowl with a lid because the cheese covers the top of the bowl.
Headquarters Ruling Letter (HRL) 067178, dated July 16,
1981, dealt with the same type of bowls. This ruling
classified the bowls under item 533.39, TSUS, because they
lacked any physical characteristics which would distinguish
them as fit for soups to the exclusion of other uses. This
ruling was also based on the fact that some advertisements
describe these bowls as being containers for various foods as
well as soups.
HOLDING:
The earthenware bowls at issue (importer's style number
301) are classifiable under item 533.39, TSUS, as articles
chiefly used for preparing, serving, or storing food or
beverages, of fine-grained earthenware, household ware not
available in specified sets (as defined by the tariff
schedules), other articles.
- 3 -
The protest should be denied. A copy of this decision
should be attached to the Form 19 Notice of Action to be sent
to the protestant.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc: Area Director, New York Seaport
1cc: Legal Reference
1cc: John Durant
SRosenows:jaj:1/23/89
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