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February 3, 1999

CLA?2?69:RR:NC:2:227 D85389

CATEGORY: CLASSIFICATION

TARIFF NO.: 6912.00.39

Mr. Harold Nash
Encore Productions, Inc.
395 North Service Road, Suite 300
Melville, NY 11747

RE: The tariff classification of stoneware dinnerware from China.

Dear Mr. Nash:

In your letter dated November 25, 1998, you requested a tariff classification ruling.

The submitted sample, a 6.5 inch plate in the Farm Friends pattern, was sent to the Customs Laboratory for analysis. The Laboratory reports that the sample conforms to the definition of stoneware as stated in Additional U.S. Note 5(A), Chapter 69, HTS. Based on previously submitted information, the Farm Friends pattern is principally for household use and is "available in specified sets" in accordance with Chapter 69, additional U.S. note 6(b) of the Harmonized Tariff Schedule of the United States, with an aggregate value of over $38.

The applicable subheading for the Farm Friends pattern dinnerware set will be 6912.00.39, Harmonized Tariff Schedule of the United States (HTS), which provides for ceramic household tableware, other than of porcelain or china, available in specified sets, in a pattern for which the aggregate value of the articles listed in additional U.S. note 6(b) of Chapter 69 is over $38. The duty rate will be 4.5 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 George Kalkines at (212) 637-7073.

Sincerely,

Robert B. Swierupski
Director

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