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NY M84038




June 30, 2006

CLA-2-69:RR:NC:1:126 M84038

CATEGORY: CLASSIFICATION

TARIFF NO.: 6912.00.48, 6911.10.80

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

RE: The tariff classification of a ceramic hot plate from Taiwan

Dear Ms. Marcoux:

In your letter dated June 1, 2006, you requested a tariff classification ruling. A representative sample was submitted with your ruling request.

The subject article, designated in your letter as “Microwave Hot Plate” – item number 56460, is a 3 7/8 inch square ceramic hot plate that is permanently inserted into a round polypropylene holder/stand. The complete article measures approximately 6 inches in diameter.

You indicated in a telephone conversation that the ceramic component functions as the heating element when placed in a microwave oven. It is the component that radiates heat to dishes, bowls, etc. and keeps food warm for up to 30 minutes.

You stated that this product will principally be sold to and used by individual consumers. This table/kitchen article will primarily be used in the home.

When the ceramic hot plate is composed of non-porcelain, the applicable subheading will be 6912.00.48, 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. The rate of duty will be 9.8 percent ad valorem.

When the ceramic hot plate is composed of porcelain or china, the applicable subheading will be 6911.10.80, HTSUS, which provides for tableware, kitchenware, other household articles and toilet articles, of porcelain or china: tableware and kitchenware: other: other: other. The rate of duty will be 20.8 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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