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NY M82591




May 12, 2006

CLA-2-69:RR:NC1:126: M82591

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 an apple baker and core extractor set from China

Dear Ms. Marcoux:

In your letter, dated April 6, 2005, you requested a tariff classification ruling regarding item number 24190, the “S/4 Apple Baker and Core Extractor Set.”

A sample was submitted with your ruling request.

The merchandise consists of four ceramic “baker” bowls and a stainless steel corer.

The stainless steel corer is designed to core apples prior to baking.

The baker bowls are specially designed to hold cored apples during baking. These bowls will also be used to serve the baked apples after they are prepared.

Each apple baker measures six inches in diameter.

The stainless steel corer has a ceramic handle that matches the four ceramic baker bowls.

The information included with your letter indicates that each of the baker bowls consists of stoneware ceramics.

You stated that this merchandise will be marketed to individual consumers and used in the home.

In your letter you indicated that in their imported condition the bakers and the corer will be packed together as a set ready for retail sale.

The information presented in your letter indicates that the value of the baker bowls is many times greater than the value of the corer.

The essential character of the apple baker and corer set is imparted by the four ceramic apple bakers.

The applicable subheading for the set consisting of four ceramic (stoneware) apple bakers and a stainless steel apple corer 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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