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NY J80408




February 6, 2003

CLA-2-69:RR:NC:2:227 J80408

CATEGORY: CLASSIFICATION

TARIFF NO.: 6912.00.4890

Ms. Valetta S. Lacey
Neiman Marcus
2301 Neiman Marcus Parkway
Longview, TX 75602

RE: The tariff classification of a ceramic table article from Italy.

Dear Ms. Lacey:

In your letter dated January 23, 2003, you requested a tariff classification ruling. Sample is being returned as requested.

The submitted sample is stated to be a ceramic charger, style number UV1301, which measures approximately 13 inches in diameter. It is also stated to function as a table guard for catching the overflow of food from a plate or bowl placed in its center.

You inquire whether the subject article is properly classified under subheading 6912.00.4810, Harmonized Tariff Schedule of the United States (HTS), which provides for other ceramic tablewareother than of porcelain or chinaother, suitable for food or drink contact, or more properly classified under subheading 6912.00.4890, HTS, which provides for other ceramic tablewareother than of porcelain or chinaother, other than suitable for food or drink contact.

It has been determined that the subject article is not of the class or kind of ceramic tableware designed for food or drink contact, thereby precluding classification under subheading 6912.00.4810, HTS. Moreover, it should be noted that the classification distinction between the above-cited subheadings is not dependent upon the FDA’s “safe for food” criterion.

The applicable subheading for this ceramic table article, known as a charger, will be 6912.00.4890, Harmonized Tariff Schedule of the United States (HTS), which provides for other ceramic tablewareother than of porcelain or chinaother, other than suitable for food or drink contact. The rate of duty will be 9.8 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 646-733-3028.

Sincerely,

Robert B. Swierupski
Director,

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