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NY N021986




January 28, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6912.00.4810

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

RE: The tariff classification of a ceramic fondue set from China.

Dear Mr. Crago:

In your letter dated January 11, 2008, you requested a tariff classification ruling.

The merchandise under consideration is a ceramic fondue set, item A038DA00890, consisting of a ceramic fondue pot and four stainless steel forks. The fondue pot measures 4 5/8” in diameter and features an opening at the bottom of the base for placement of a tealight candle (not provided) as the heat source. For tariff purposes, this merchandise will be considered "goods put up in sets for retail sale" whose essential character is imparted by the ceramic fondue pot.

The applicable subheading for the ceramic fondue set 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/.

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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