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NY R03755




May 12, 2006

CLA-2-69:RR:NC1:126: R03755

CATEGORY: CLASSIFICATION

TARIFF NO.: 6912.00.4500

Mr. Troy D. Crago
Atico International USA, Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of ceramic (stoneware) plates from China

Dear Mr. Crago:

In your letter, dated April 18, 2006, you requested a tariff classification ruling regarding four ceramic salad/dessert plates (item #C075AA02487).

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

Each plate is decorated with a different “snowman chef” design.

You stated that the diameter of each plate is eight inches. You indicated that each plate consists of stoneware ceramics.

You indicated that this merchandise will be marketed exclusively to consumers for use in the home.

According to the information presented in your letter, the value of the plates is over six dollars per dozen.

The applicable subheading for the four ceramic (stoneware) plates will be 6912.00.4500, 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:..plates not over 22.9 cm in maximum diameter and valued over six dollars per dozen. The rate of duty will be 4.5 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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