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NY N006778




February 21, 2007

CLA-2-69:RR:NC:1:128

CATEGORY: CLASSIFICATION

TARIFF NO.: 6912.00.4810

Ms. Michelle Dias
Princess House, Inc.
470 Myles Standish Boulevard
Taunton, MA 02780

RE: The tariff classification of ceramic table/kitchen articles from China.

Dear Ms. Dias:

In your letter dated February 8, 2007 you requested a tariff classification ruling.

The subject merchandise, identified as Item #1384 Pavillion Teal Plates, consists of a set of two identical articles in the shape of palettes. You indicated in your letter that the articles are ceramic and are made of white stoneware with a teal colored glaze. A representative sample of the product was submitted with your request. The item measures approximately 23 cm in width by 26 cm in length. A section on one side of the article is cut out. You stated that this cut out feature will enable a person using the article to hold it together with a bowl or stemmed glass in one hand.

You stated in your facsimile dated February 14, 2007 that the articles would be marketed and sold to individual consumers.

You suggested that the Pavillion Teal Plates should be classified under subheading 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: Cups valued over $5.25 per dozen; saucers valued over $3 per dozen; soups, oatmeals and cereals valued over $6 per dozen; plates not over 22.9 cm in maximum diameter and valued over $6 per dozen; plates over 22.9 but not over 27.9 cm in maximum diameter and valued over $8.50 per dozen; platters or chop dishes valued over $35 per dozen; sugars valued over $21 per dozen; creamers valued over $15 per dozen; and beverage servers valued over $42 per dozen.” However, the Pavillion Teal Plates do not have the appearance of conventional plates due to the palette shape and the cut out feature, and therefore, consideration of classification under 6912.00.4500, HTSUS is precluded.

The applicable subheading for the Pavillion Teal Plates will be 6912.00.4810, 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% 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 Sharon Chung at 646-733-3028.

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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