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NY L83634




April 13, 2005

CLA-2-68:RR:NC1:126: L83634

CATEGORY: CLASSIFICATION

TARIFF NO.: 6912.00.4810

Mr. Joseph Stinson
Liss Global, Inc.
7746 Dungan Road
Philadelphia, PA 19111

RE: The tariff classification of a ceramic (non-porcelain) plate from China

Dear Mr. Stinson:

In your letter, dated March 18, 2005, you requested a tariff classification ruling regarding a ceramic (dolomite) plate, item # 940685 (Mfg item # MS-1816).

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

The product is designed in the shape of a leaf. It is approximately 7.25 inches in width and 7.25 inches in length.

In a telephone conversation with this office you indicated that this article will be sold at retail to individual consumers.

In your letter you stated your opinion that the item should be classified as a tidbit dish in subheading 6912.00.41, Harmonized Tariff Schedule of the United States (HTS). However, this article is larger than the type of product regarded as a tidbit dish. Based on its size, it could not be classified as a tidbit dish. Therefore, subheading 6912.00.41, HTS, is not applicable.

The applicable subheading for the ceramic plate in the shape of a leaf 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: 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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