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NY K85174




May 10, 2004
CLA-2-69:RR:NC:1:126 K85174

CATEGORY: CLASSIFICATION

TARIFF NO.: 6912.00.4100; 9405.50.4000

Ms. Francine Marcoux
Hampton Direct, Inc.
350 Pioneer Drive
P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of ceramic tableware, vases, and candleholders, as well as clocks and a glass article from China.

Dear Ms. Marcoux:

In your letter dated April 7, 2004, you requested a tariff classification ruling.

The subject merchandise consists of the following articles:

1) a ceramic (dolomite) salt and pepper shaker set, item number 25750, in the form of duck-shaped figurines, measuring approximately 4 inches in height, with bottom plastic stoppers;

2) a ceramic (dolomite) candy dish, referred to as the “Belly O’Fun Candy Dish” (item number 26310), in the form of a big-bellied, smiling snowman which measures about 6 ¾ inches high and incorporates a 4-inch front candy bowl simulating his belly;

3) decorative metallic-painted ceramic (porcelain) vases, item numbers 26350 and 26352, that measure about 5 inches high;

4) decorative ceramic candleholders (item number 26400), measuring about 4 ¾ inches long, with each one featuring a round-shaped tealight receptacle surrounded by dolphins;

5) a glass ornament, referred to as the “Fantasy Glass Unicorn” (item number 26320), in the form of a unicorn-shaped glass figurine affixed to a disk-shaped mirror;

6) battery-operated quartz analog clocks, item numbers 26350 and 26352, that measure approximately 4 ¾ inches high.

The applicable subheading for the ceramic (dolomite) duck-shaped salt and pepper shaker set and the ceramic (dolomite) snowman candy dish will be 6912.00.4100, Harmonized Tariff Schedule of the United States (HTS), which provides for ceramic tableware, kitchenwareother than of porcelain or chinacandy boxestidbit dishesbonbon dishessalt and pepper shaker sets. The duty rate will be 3.9 percent ad valorem.

The applicable subheading for the decorative ceramic candleholders will be 9405.50.4000, HTS, which provides for other non-electrical lamps and lighting fittings, other. The rate of duty will be 6 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the glass unicorn. Your request for a classification ruling should include the following:

1) A sample of the product in question;

2) Information documenting the precise manner in which this article is produced;

3) Is it produced using the process of lampworking, i.e., melting and shaping glass rods over a flame to form the finished product? If so, please submit a video (if available) documenting the lampworked process employed in the production of the merchandise. If a video is not available, please submit photographs depicting the complete production process of this merchandise. If the product is produced by means other than lampworking, please explain this work.

4) Is this product produced from full lead crystal glass, i.e., glass containing at least 24 percent lead monoxide by weight?

5) What is the unit value of this article - the value at which a single item is sold by the foreign seller to the American importer?

Further, your inquiry does not provide sufficient information to give a classification ruling on the decorative ceramic vases and the quartz analog clocks. Your request for classification should include the following: a sample of the ceramic vase; and a sample of the clock in question, in addition to the measurement of its movement in millimeters, specifically, the thickness, width, length, and diameter of the movement.

When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 Jacob Bunin at 646-733-3027.

Sincerely,

Robert B. Swierupski
Director,

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