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NY N009398




April 17, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6912.00.4100

Ms. Jane L. Taeger
Samuel Shapiro & Company, Inc.
100 North Charles Street, Suite 1200
Baltimore, MD 21201

RE: The tariff classification of a ceramic heart shaped dish from China.

Dear Ms. Taeger:

In your letter dated April 2, 2007, on behalf of Snaproducts USA, you requested a tariff classification ruling.

The submitted sample is a pink heart shaped, straight-sided white ceramic dish, 2.5 inches deep with a base diameter of approximately 4 inches. The dish is perforated with heart-shaped cutouts around the upper portion. A red fabric ribbon is threaded through the hearts and tied in a bow on the side. The dish is also available in red ceramic with a white ribbon. The item will be marketed for Valentine’s Day to hold candy and bonbons.

The applicable subheading for the ceramic heart shaped dish will be 6912.00.4100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Tableware, kitchenware, other household articles and toilet articles, other than of porcelain or china: Tableware and kitchenware: Other: Other: Other: Steins with permanently attached pewter lids; candy boxes, decanters, punch bowls, pretzel dishes, tidbit dishes, tiered servers, bonbon dishes, egg cups, spoons and spoon rests, oil and vinegar sets, tumblers and salt and pepper shaker sets.” The rate of duty will be 3.9% 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/.

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. 

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.

Sincerely,

Robert B. Swierupski
Director,

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