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NY R02677





November 4, 2005

CLA-2-69:RR:NC1:126: R02677

CATEGORY: CLASSIFICATION

TARIFF NO.: 6911.90.0010; 8424.89.7090

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

RE: The tariff classification of a porcelain toothbrush holder and a porcelain lotion dispenser with an alloy pump from China

Dear Ms. Davidson:

In your letter, dated October 12, 2005, you requested a tariff classification ruling regarding several ceramic products and a wooden tray.

You indicated that the ceramic articles include a toothbrush holder, a lotion dispenser, a canister and a tumbler.

According to your letter, each of these ceramics articles consists of porcelain ceramics.

The porcelain lotion dispenser includes an alloy pump.

You stated that the wooden tray consists of bamboo.

Your letter states that each of these articles – porcelain toothbrush holder, porcelain lotion dispenser with alloy pump, porcelain canister, porcelain tumbler and bamboo tray – will be imported separately.

You indicated that each porcelain product will be imported in a bamboo sleeve.

You stated that the dimensions of the lotion bottle will be 3.15 inches by 3.15 inches by 8.07 inches. The dimensions of the toothbrush holder will be 3.15 inches by 3.15 inches by 5.31 inches.

The applicable subheading for the ceramic toothbrush holder in a bamboo sleeve (item number 10032491) 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 porcelain lotion dispenser with alloy pump in a bamboo sleeve (item number 10032490) will be 8424.89.7090, HTS, which provides for mechanical appliances (whether or not hand operated) for projecting, dispersing or spraying liquids or powdersother appliances: other: other. The rate of duty will be 1.8 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 Specialists Jacob Bunin (concerning the toothbrush holder) at 646-733-3027 and Patrick Wholey (concerning the lotion dispenser) at 646-733-3013.

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

Regarding the porcelain tumbler, porcelain canister and bamboo tray, we need additional information in order to issue a ruling. Please submit the additional information indicated below.

Please submit samples of the tumbler, canister and tray.

For the tumbler and the canister, please submit any available advertising and marketing literature indicating how these products will be used and marketed.

Please indicate the type of items that will be stored in the canister.

For the tumbler and the canister, please indicate whether these articles will be marketed exclusively to individual consumers or whether any of these items will be marketed to hotels, restaurants or similar establishments.

When this information is available, you may wish to consider resubmission of your request regarding the tumbler, canister and tray.

If you resubmit the request regarding these products, please resubmit a copy of your original letter and attachments, along with the additional information and samples requested in this notice.

Please mail your request to Customs and Border Protection, One Penn Plaza, 10th Floor, Customs Information Exchange, New York, NY 10119, attention: Binding Rulings Section.

If you have questions regarding this notice, contact National Import Specialist Jacob Bunin at 646-733-3027.

Sincerely,

Robert B. Swierupski
Director,

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