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NY E87728




October 21, 1999

CLA-2-69:RR:NC:2:227 E87728

CATEGORY: CLASSIFICATION

TARIFF NO.: 6913.90.5000; 6912.00.4100

Ms. Gail Cornell
M. Cornell Importers, Inc.
1462 – 18th Street N.W.
St. Paul, MN 55112

RE: The tariff classification of ceramic steins that are stated to originate from Germany.

Dear Ms. Cornell:

In your letter dated September 17, 1999, you requested a tariff classification ruling.

The samples submitted consist of the following ceramic steins of stoneware:

1) the Coca-Cola Collector Stein, style number 4441, that measures approximately 8 1/8 inches high with attached ornate pewter lid and bottle cap-shaped thumb lift atop of the handle. It also possesses a decorated body that depicts the raised Coca-Cola trademark as well as a decal of a soda fountain scene with slightly raised figures, all surrounded by scrollwork-like motif in bas-relief.

2) a Coca-Cola Stein, style number 4446, that measures approximately 8 ½ inches high with attached ornate pewter lid and miniature bottle-shaped thumb lift atop of the tree branch-shaped handle. It also possesses a picturesque Coca-Cola decal encompassed by a raised décor of sprawling branches.

3) the Card Player Stein (style number 6070), measuring about 6 ½ inches high, that possesses an attached pewter lid with ornate ceramic inlay of a raised King-like depiction and decorated handle with acorn-shaped thumb lift. It also features a body of four-sided panels depicting the Queen of Hearts and the King of Clubs in bas-relief, in addition to the sculpted designs of the Seven of Diamonds and Ace of Spades.

4) the Homeland Reflection Stein, style number 6083, that measures about 7 ¼ inches high with attached pewter lid and acorn-shaped thumb lift atop of the handle. It also features a decal depicting a picturesque design of a farmhouse setting and top and bottom borders of gold bands.

5) a Deer Stein, style number 4166, that measures nearly 7 ¼ inches high with attached ornate pewter lid and acorn-shaped thumb lift atop of the handle. It also possesses decals of deer motif and top and bottom raised borders.

6) the Munich Oktoberfest Bierwagon Stein, style number 6789, that measures nearly 8 ¼ inches high with attached pewter lid and thumb lift. It features a decal depicting the festival beer wagon with the appropriate wording to commemorate the 100-year anniversary of the Munich Oktoberfest.

7) the Old Germany Stein, style number 6514, that measures approximately 5 ¾ inches high with attached decorative pewter lid and thumb lift. It also possesses a decal depicting a scene from Old Germany.

You inquire whether this merchandise is properly classified under subheading 6912.00.4100, Harmonized Tariff Schedule of the United States, HTS, which provides for other ceramic tablewareother than of porcelain or china: other: steins with permanently attached pewter lids. You state that these steins are designed for utilitarian purposes with a smooth interior surface for washing in noting some also possess even a smooth outer decal-decorated surface.

Upon examining these items, it is noted that all of the steins, excluding style number 6514, are unwieldy to handle due to their height, in addition to those steins, style numbers 4441, 4446, 6070 and 4166, that feature exteriors decorated in relief. Further, the submitted marketing of these steins emphasizes their exterior designs with the use, in some instances, of such wording as “Collector Stein” and “Limited Edition Prints.” Therefore, based on the above factors, this office has determined that the subject steins, excepting style number 6514, are primarily designed for use as ornamental articles rather than articles of tableware.

The applicable subheading for the ceramic steins of stoneware, style numbers 4441, 4446, 6070, 6083, 4166 and 6789, will be 6913.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ornamental ceramic articles, other. The rate of duty will be 6 percent ad valorem.

The applicable subheading for the ceramic stein of stoneware, style number 6514, will be 6912.00.4100, HTS, which provides for other ceramic tablewareother than of porcelain or china: other: steins with permanently attached pewter lids. The rate of duty will be 3.9 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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