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NY L89675





January 5, 2006

CLA-2-69:RR:NC1:126: L89675

CATEGORY: CLASSIFICATION

TARIFF NO.: 6912.00.4810

Ms. Francine Marcoux
Hampton Direct
350 Pioneer Drive
P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of a ceramic candy jar from China

Dear Ms. Marcoux:

In your letter, dated December 28, 2005, you requested a tariff classification ruling regarding a glazed ceramic candy jar (#50470).

A photograph of the article was submitted with your ruling request.

The candy jar is in the shape of a snowman. The measurements of the Snowman Candy Jar are 5.25 inches in length by 5.25 inches in width by 8.25 inches in height.

The article is designed to be used in the home to store candy, chocolate and other treats.

You stated that the candy jar is composed of dolomite ceramics.

The applicable subheading for the ceramic (dolomite) candy jar 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: suitable for food or drink contact. The rate of duty will be 9.8 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 Specialist Jacob Bunin at 646-733-3027.

Ceramic table/kitchenware 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.

Certain ceramic table and kitchen articles may be subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the FDA. Information on the Bioterrorism Act can be obtained by calling the FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.     

Sincerely,

Robert B. Swierupski
Director,

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