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NY M83749




June 15, 2006

CLA-2-69:RR:NC1:126: M83749

CATEGORY: CLASSIFICATION

TARIFF NO.: 6912.00.4810

Ms. Bernadette Placido
QVC, Inc.
Studio Park
1200 Wilson Drive
West Chester, PA 1938-4262

RE: The tariff classification of ceramic maple leaf plates from China

Dear Ms. Placido:

In your letter, dated May 22, 2006, you requested a tariff classification ruling regarding ceramic plates (item number s020828CH1).

Two samples were submitted with your ruling request. In accordance with your request, these samples will be returned to you.

Each product is designed in the shape of a leaf. Each article is approximately 7.5 inches in width and 7.5 inches in length.

      In a telephone conversation with this office you indicated that these articles will be sold at retail to individual consumers. You stated that each of the products consists of terracotta ceramics.

These articles are suitable for use with food or drink. In a phone conversation, you indicated that the merchandise has been designed to meet the requirements of the Food and Drug Administration (FDA).

The applicable subheading for the maple leaf plates of terracotta ceramics 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.

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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