United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1998 NY Rulings > NY D81176 - NY D81237 > NY D81196

Previous Ruling Next Ruling
NY D81196




August 25, 1998

CLA-2-94:RR:NC:2:227 D81196

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000; 6912.00.4810; 6913.90.5000

Mr. Randall Clifford
Studio 55
55 Ranchero Green NW
Calgary, Alberta, T3G 1C5
Canada

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of ceramic candleholders, decorative articles and tableware from Canada.

Dear Mr. Clifford:

In your letter received in this office on August 3, 1998, you requested a ruling on the status of ceramic candleholders, decorative articles and tableware from Canada under the NAFTA.

The subject merchandise consists of the following articles:
a) candleholders, known as the Enviro-Lites, which are made up of ceramic holders which measure approximately 7 inches in diameter and 2 1/2 inches in height. It is noted that each holder is affixed to a metal stand. Along with this lamp, there is stated to be a pack of pre-printed safety matches and a wick of 3 feet in length.
b) a ceramic rice bowl of stoneware which measures about 6 inches in diameter and a pair of chopsticks.
c) ceramic vases and plates of Raku earthenware.
d) ceramic dinner plates and side dishes of stoneware.

It is stated that the instant merchandise, excluding the chopsticks, is wholly produced in Canada.

The applicable subheading for the candleholders (excluding matches and wick) will be 9405.50.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other non-electrical lamps and lighting fittings. The general rate of duty will be 6.3 percent ad valorem.

The applicable subheading for the ceramic rice bowl will be 6912.00.4810, Harmonized Tariff Schedule of the United States (HTS), which provides for other ceramic tableware...other than of porcelain or china: suitable for food or drink contact. The general rate of duty will be 10.1 percent ad valorem.

The appropriate subheading for the decorative ceramic vases of Raku earthenware will be 6913.90.5000, HTS, which provides for other ornamental ceramic articles. The general rate of duty will be 6.2 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the matches, the wick, the chopsticks associated with the rice bowls, the Raku plates, and the stoneware dinner plates and side dishes. Your request for a classification ruling should include the following:
a) catalog and/or marketing literature that will verify the manner in which the matches and wick are imported, advertised and sold, i.e., retail-packed with the candleholders or sold separately.
b) catalog and/or marketing literature that will verify the manner in which the chopsticks are imported, advertised and sold, i.e., retail-packed with the rice bowls or sold separately.
c) photos of the Raku earthenware plates indicating how these items will be principally used (i.e., for decorative or tableware purposes) in substantiating their use via catalog and/or marketing literature. If for tableware use, please identify the type of plates (i.e., dinner, vegetable or bread plate), in addition to providing the sizes and fob/entered values of the plates.
d) photos of the stoneware dinner plates and side dishes indicating their sizes and entered/fob values as well as how they will be principally used (i.e., dinner plates may be used for salads, bread and butter dishes, et cetera, while the generic term of side dishes may encompass such ware as vegetable or pasta dishes).

The ceramic candleholder, rice bowl and decorative vases, being wholly obtained or produced in the territory of Canada, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a free rate of duty under NAFTA upon compliance with all applicable laws, regulations, and agreements.

Pursuant to Part 181 of the Customs Regulations (19 C.F.R. 181), a request for a ruling on the status of the wooden chopsticks under NAFTA must provide sufficient detail to permit proper application of the relevant NAFTA provisions. In this case, we will require additional information in order to issue a ruling.

Please provide documentation verifying the source of origin for the chopsticks in noting that you have stated that this item was imported into Canada and not produced there.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist George Kalkines at 212-466-5794.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling

See also: