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August 16, 1999

CLA?2?69:RR:NC:2:227 E83165

CATEGORY: CLASSIFICATION

TARIFF NO.: 6912.00.39

Mr. Donald F. Wright
Excel
100 Andrews Road
Hicksville, NY 11801-1704

RE: The tariff classification of ceramic dinnerware from China.

Dear Mr. Wright:

In your letter dated June 8, 1999, you requested a tariff classification ruling.

The merchandise at issue is ceramic dinnerware that is identified as in the Dragon Fly pattern. The information submitted indicates that the pattern is principally for household use and is "available in specified sets" in accordance with Chapter 69, additional U.S. note 6(b) of the Harmonized Tariff Schedule of the United States, with an aggregate value of over $38.

The two samples submitted were sent to the Customs laboratory for analysis to identify the type of ceramic. The Laboratory reported that both samples conformed to the definition of earthenware.

The applicable subheading for the Dragon Fly pattern earthenware dinnerware will be 6912.00.39, Harmonized Tariff Schedule of the United States (HTS), which provides for ceramic household tableware, other than of porcelain or china, available in specified sets, in a pattern for which the aggregate value of the articles listed in additional U.S. note 6(b) of Chapter 69 is over $38. The duty rate will be 4.5 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

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) 637-7073.

Sincerely,

Robert B. Swierupski
Director

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