CBP Revises Specially Tempered Glassware Test Method for HTS Classification
U.S. Customs and Border Protection has issued a notice of method which states that the agency is modifying the test method currently applied for the testing of pressed and toughened (specially tempered) glassware for Harmonized Tariff Schedule classification purposes.
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CBP will begin applying this revised test method on glassware entered, or withdrawn from warehouse, for consumption effective October 14, 2010.
CBP Responses to Comments Received
CBP issued proposed modifications to the test method for specially tempered glassware in January 2008. CBP responses to the comments received on its proposed changes include the following (partial list):
Center punch test. The results from this test can be used in cases where the cutting test yields inconclusive results or when it would be dangerous to use the cutting test because of the dimensions of the sample.
Breakage patterns. CBP thinks that an analysis of breakage patterns for tempered glassware subjected to the cutting or center punch tests is not too subjective to be deemed reliable.
No additional tests. CBP had originally proposed to use additional tests to verify certain of the method’s tests, but has now determined that verifying these additional tests would be problematic and has decided not to include this requirement.
HTS subheadings. CBP states that the glassware articles subject to the testing procedures it is modifying are generally imported into the U.S. under HTS subheadings 7013.28.05, 7013.37.05, 7013.42.10, 7013.49.10, and 7013.99.20. CBP adds that articles of ‘‘safety glass, consisting of toughened (tempered) * * *glass’’ normally imported under HTS heading 7007 (e.g., vehicle windshields), are not within the purview of this notice.
Changes to Specially Tempered Glassware Test Method
The following are highlights of the changes CBP is making to its specially tempered glassware test method:
Revised Criteria for Interpreting Opaque Glassware Test
CBP is revising the criteria used to interpret the results obtained from the opaque glassware test and adding an interpretation of breakage in the test.
Among other things, CBP will interpret the test such that the presence of ‘‘some’’1 dicing or crazing will be sufficient to determine that a glass article has been specially tempered for tariff classification purposes. Also, the references to tempered soda lime, borosilicate, and fluorosilicate glass that are currently in the test are being removed because the composition of the glass is not relevant for testing purposes.
Center Punch Test Is Reinstated
CBP is reinstating a previously used testing method, referred to as the center punch test, for the testing of the subject glassware. This method involves the placement of the pointed end of a center punch vertically against the inside center bottom or heel and striking the dull end of the punch with a hammer, using blows of gradually increasing severity until breakage occurs.
In order to be considered “tempered” for CBP purposes, it will only be necessary for the broken sample to exhibit ‘‘some’’1 dicing, crazing, or graveling.
CBP is also suggesting that the center punch test, rather than the cutting test, be performed on samples less than five inches in diameter or five inches wide. (See CBP notice for full description of center punch test.)
1‘‘Some’’ will be considered to be any diced, crazed or graveled fragments yielded by the broken sample that are more than just fugitive diced, crazed or graveled fragments.
(See ITT’s Online Archives or 01/14/08 news, 08011415, for BP summary of CBP’s January 2008 proposed modifications to the specially tempered glassware test method.)
CBP contact - Margaret Chinn (202) 344-1566
(FR Pub 09/14/10, D/N USCBP-2007-0099)