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NY N021167




December 28, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6912.00.4810

Mr. Joseph Stinson
Joseph Stinson CHB
645 E. Butler Ave.
New Britain, PA 18901

RE: The tariff classification of a “Pizza Making Kit for Dummies” from China.

Dear Mr. Stinson:

In your letter dated December 19, 2007, you requested a tariff classification ruling.

The submitted sample is identified as “Pizza Making Kit for Dummies”. It is comprised of the following items:

13” nonstick pizza pan made of steel with a nonstick coating 15” pizza stone made of cordierite ceramic Pizza cutter made of stainless steel, with a plastic handle Pizza server made of stainless steel, with a plastic handle Cheese grater made of stainless steel, with a plastic handle Mini sauce ladle made of stainless steel
Instructional pamphlet

The items are packaged and sold together in a cardboard box.

The Explanatory Notes to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X to GRI 3(b) provides that the term “goods put up in sets for retail sale” means goods that: (a) consist of at least two different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking. Goods classifiable under GRI 3(b) are classified as if they consisted of the material or component which gives them their essential character, which may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article. The “Pizza Making Kit for Dummies” is a set for tariff classification purposes, with the essential character imparted by the cordierite ceramic pizza stone.

Your sample is being returned as requested.

The applicable subheading for the “Pizza Making Kit for Dummies” will be 6912.00.4810, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Ceramic tableware, kitchenware other than of porcelain or china: Tableware and kitchenware 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/.

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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