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NY L81348





December 22, 2004

CLA-2-68:RR:NC1:126: L81348

CATEGORY: CLASSIFICATION

TARIFF NO.: 6912.00.4810

Ms. Kristin Bowen
Placetile Designs
1123 Zonolite Road
Studio 7B
Atlanta, GA 30306

RE: The tariff classification of a ceramic cheese marker with dry-erase marker from China

Dear Ms. Bowen:

In your letter, dated November 8, 2004, you requested a tariff classification ruling regarding a ceramic (dolomite) “cheese marker” with a dry-erase marker.

A sample of the ceramic article was submitted with your ruling request. This sample will be returned to you in accordance with your request.

In a conversation with this office you indicated that the ceramic “cheese marker” will be imported with the dry-erase marker packed together ready for retail sale as a set.

The essential character of the set is imparted by the ceramic article.

You indicated that the product is a table/kitchen article. The ceramic “cheese marker” will be placed on or under a piece of cheese or other food being served on a table. Using the dry-erase marker, one can write descriptions of the food on the ceramic article. This will allow guests at a dinner party to know the type of food that they are eating.

The applicable subheading for the ceramic (dolomite) “cheese marker” with dry-erase marker 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: other. 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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