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NY K86726




June 23, 2004
CLA-2-69:RR:NC:1:126 K86726

CATEGORY: CLASSIFICATION

TARIFF NO.: 6912.00.4810

Mr. Gordon C. Anderson
C.H. Robinson International, Inc.
8967 Columbine Road
Suite 400
Eden Prairie, MN 55347-4194

RE: The tariff classification of a ceramic canister from China

Dear Mr. Anderson:

In your letter dated May 27, 2004, on behalf of your client, Eillien’s Candies, Inc., you requested a tariff classification ruling. A representative sample of the product was submitted and will be returned to you as requested.

The subject article, which is identified as item #AL/21001C-L2, is a ceramic (non-porcelain) canister that measures approximately 10 inches in height and 5 inches in diameter. The article has a wire bail and trigger closure mechanism, and a rubber gasket that allows a hermetic seal to be formed. The canister is decorated with a printed outdoor scene of birds on a post.

You stated in your letter that this product will be used to store candies.

You suggest that the ceramic canister should be properly classified under subheading 6912.00.4100, Harmonized Tariff Schedule of the United States (HTS), which provides for other ceramic tableware...other than of porcelain or china...steins with permanently attached pewter lids; candy boxes, decanters, punch bowls, pretzel, bonbon and tidbit dishes, tiered servers, egg cups, spoons and spoon rests, oil and vinegar sets, tumblers and salt and pepper shakers. However, since the subject canister is not of the class or kind of merchandise that is listed among the enumerated exemplars within this subheading, consideration of classification under subheading 6912.00.4100, HTS, is precluded.

The applicable subheading for the ceramic canister will be 6912.00.4810, HTS, which provides for ceramic tableware, kitchenware, other household articles and toilet articles, other than of porcelain or china: tableware and kitchenware: other: other: othersuitable 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 Jacob Bunin at 646-733-3027.

Sincerely,

Robert B. Swierupski
Director,

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