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NY J84808




June 19, 2003

CLA-2-09:RR:NC:SP:232 J84808

CATEGORY: CLASSIFICATION

TARIFF NO.: 6912.00.4400; 6912.00.4810; 7310.29.0050

Mr. Shachar Gat
Shonfeld’s USA
16871 Noyes Avenue
Irvine, CA. 92606

RE: The tariff classification of Product TE-200141 from China

Dear Mr. Gat:

In your letter received May 20, 2003, you requested a tariff classification ruling.

You submitted descriptive literature, product photographs and specifications, and a sample with your request. The merchandise in question is Product TE-200141, a shrink-wrapped retail item. As the package submitted appears to be a prototype, the weight, and even the actual contents, of the individual items when imported may not be exactly as shown in the sample.

Product TE-200141 actually contains three parts packaged together to make one retail item. There is a small (3¾ inch high, 4½-inch diameter) plain, hemispherical, flat-bottomed white ceramic teapot. This is sitting on, and nested in, a similar undecorated hemispherical white ceramic mug. The whole looks like a sphere with two looping handles and a small spout. This is resting on a metal canister, 4 inches in diameter, 1¼ inches high, said to contain “Earl Grey” tea. The submitted sample canister was empty. All are wrapped together in cellophane tied at the top with raffia.

The applicable subheading for the ceramic mug will be 6912.00.4400, Harmonized Tariff Schedule of the United States (HTS), which provides for Ceramic tableware, kitchenware, other household articles and toilet articles, other than of porcelain or china: Tableware and kitchenware: Other: Other: Other: Mugs and other steins. The rate of duty will be 10 percent ad valorem.

The applicable subheading for the ceramic teapot will be 6912.00.4810, Harmonized Tariff Schedule of the United States (HTS), which provides for Ceramic tableware, kitchenware, other household articles and toilet articles, other than of porcelain or china: Tableware and kitchenware: Other: Other: Other: OtherSuitable for food or drink contact. The rate of duty will be 9.8 percent ad valorem.

The applicable subheading for the small metal canister will be 7310.29.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for Tanks, casks, drums, cans, boxes and similar containers, for any material (other than compressed or liquefied gas), of iron or steel, of a capacity not exceeding 300 liters, whether or not lined or heat insulated, but not fitted with mechanical or thermal equipment: Of a capacity of less than 50 liters: OtherOther. The rate of duty will be free.

Your inquiry does not provide enough information for us to give a classification ruling on the “Earl Grey” tea. Please indicate exactly what the tea is (green, black, fermented, etc.) and how the tea will be packaged inside the metal canister, i.e., tea bags, plastic bag, loose leaf tea, etc.

The Food and Drug Administration may impose additional requirements on this product. You may contact the FDA at:

Food and Drug Administration
Division of Import Operations and Policy
5600 Fishers Lane
Rockville, Maryland 20857
Telephone: (301) 443-6553

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The sample you have submitted does not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs Import Specialist at the proposed port of entry.

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 John Maria at (646) 733-3031.

Sincerely,

Robert B. Swierupski
Director,

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