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NY M81028




March 29, 2006

CLA-2-69:RR:NC:1:126 M81028

CATEGORY: CLASSIFICATION

TARIFF NO.: 6912.00.4810

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

RE: The tariff classification of ceramic bakeware from China

Dear Ms. Marcoux:

In your letter dated March 8, 2006, you requested a tariff classification ruling. A representative sample was submitted with your ruling request.

The submitted sample, designated in your letter as “S/8 Flower Baking Pots” - item number 27990, is a set consisting of 8 glazed, terra cotta, baking/muffin pots in the shape of a flower pot, 8 removable wicker holders, and 4 recipes. Each baking pot measures approximately two and one-half inches in height by three inches in diameter at the top opening by two inches in diameter at the bottom.

You stated in your letter that the ceramic baking pots can be heated up to 500 degrees and are dishwasher safe. The wicker holders are used when the baking pots are taken from the hot oven to the table.

You stated that this merchandise will principally be sold to and used by individual consumers. These table/kitchen articles will primarily be used in the home.

The applicable subheading for the “S/8 Flower Baking Pots” - item number 27990 - will be 6912.00.4810, Harmonized Tariff Schedule of the United States (HTSUS), 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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