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NY L88883




December 16, 2005

CLA-2-69:RR:NC1:126: L88883

CATEGORY: CLASSIFICATION

TARIFF NO.: 6911.90.0010; 4420.90.8000

Ms. Geri Davidson
The Container Store
500 Freeport Parkway
Coppell, TX 75019

RE: The tariff classification of porcelain bathroom canisters and a bamboo tray from China

Dear Ms. Davidson:

In your letter, received November 21, 2005, you requested a tariff classification ruling regarding two ceramic products (SKU 10032492 and SKU 10032493) and a wooden tray (SKU 10032493).

In a previous ruling request you had inquired regarding the classification of these products as well as a toothbrush holder and a lotion dispenser. You had indicated that each of these items will be imported separately.

Ruling NY R02677, dated November 4, 2005, had addressed the classification of the toothbrush holder and the lotion dispenser.

This ruling will address the classification of the canisters and the tray.

Samples of the ceramic articles SKU 10032492 and SKU 10032493 were submitted with your ruling request. These samples will be returned to you with this notice.

You stated that each of the ceramics articles consists of porcelain ceramics.

These porcelain products are imported in bamboo sleeves.

You stated that the dimensions of item SKU 10032492 are 3.15 inches by 3.15 inches by 5.91 inches. The dimensions of item SKU 10032493 are 3.15 inches by 3.15 inches by 5.12 inches.

Item SKU 10032942 is described as a “canister.” You indicated that it will be used in the bathroom for holding cotton balls, cotton swabs, bobby pins and similar items.

Although you described item SKU 10032493 as a “tumbler,” it does not have the form of a tumbler. Item SKU 10032493 is very similar in form to item SKU 10032492. Both articles appear to be canisters.

You stated that the dimensions of the wooden tray (SKU 10032495) are 13.78 inches by 4.49 inches by 1.50 inches.

A sample of the tray was not submitted. You indicated that the tray consists of bamboo rods of the same type that comprise the sleeves on the porcelain articles.

You stated that these products will be marketed to individual consumers and used in the home.

The applicable subheading for the porcelain articles in bamboo sleeves (SKU 10032492 and SKU 10032493) will be 6911.90.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articles and toilet articles, of porcelain or china: othertoilet articles. The rate of duty will be 5.4 percent ad valorem.

The applicable subheading for the bamboo tray (SKU 10032495) will be 4420.90.8000, HTS, which provides for wood marquetry and inlaid wood; caskets and cases for jewelry or cutlery and similar articles, of wood; statuettes and other ornaments, of wood; wooden articles of furniture not falling within chapter 94: other: other. The rate of duty will be 3.2 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Specialists Jacob Bunin (concerning the porcelain toilet articles) at 646-733-3027 and Paul Garretto (concerning the wooden tray) at 646-733-3035.

Ceramic toilet articles may be subject to certain requirements under the regulations administered by the Food and Drug Administration (FDA). If you have any questions regarding these requirements, you may contact the FDA at:

Food and Drug Administration
Division of Import Operations and Policy
5600 Fishers Lane
Rockville, Maryland 20857
Telephone: 1-888-463-6332

Sincerely,

Robert B. Swierupski
Director,

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