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NY D80779

August 11, 1998

CLA-2-39:RR:NC:SP:222 D80779


TARIFF NO.: 3924.10.2000

Ms. Marianne Miranda

Federated Merchandising Group

1440 Broadway

New York, NY 10018

RE: The tariff classification of a plastic charger from China and a stoneware charger from Portugal.

Dear Ms. Miranda:

In your letter dated July 14, 1998, you requested a tariff classification ruling.

You have submitted two samples of charger plates.

The first sample is made of plastic and it is identified as item #2005P625. It is Prussian blue on the top and black on the bottom. The charger plate measures 12 inches in diameter. This type of plate is placed under the soup or dinner plate to avoid spills. In your letter of inquiry, you state that an indelible marking on the back states in part "not food safe".

The second sample is identified as item #70631688. This charger plate measures 12 inches in diameter. It is made of stoneware. Your letter of inquiry states that the stoneware charger is food safe.

We are unable to render a classification on item #70631688, the stoneware charger at this time. The following information is required:

(1) Please provide the entered/fob value for this ceramic charger.

(2) In order to verify that this charger is "available in specified sets," please identify the pattern of the instant ceramic article and submit a manufacturer's affidavit which lists all of the items in the 77 piece set including their sizes and values that are in the same pattern as the subject merchandise.

The samples are returned as you requested.

The applicable subheading for the plastic charger will be 3924.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articles...of plastics: tableware and kitchenware: plates,...serving dishes and platters. The rate of duty will be 6.6 percent ad valorem.

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 Alice Masterson at 212-466-5892 or George Kalkines at 212-466-5794.


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