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April 6, 1999

CLA-2-69:RR:NC:2:227 D89023


TARIFF NO.: 6912.00.4810

Mr. Asher Rubinstein
Grunfeld, Desiderio, Lebowitz & Silverman LLP 245 Park Ave, 33rd Floor
New York, NY 10167-3397

RE: The tariff classification of a pizza baking stone set from China.

Dear Mr. Rubenstein:

In your letter dated March 8, 1999, on behalf of Lifetime Hoan Corporation, you requested a tariff classification ruling. The sample is being returned as requested.

The sample submitted consist of the following articles:
a) a ceramic baking stone, referred to as the “pizza stone,” which measures approximately 15 inches in diameter. It is advertised for baking pizza.
b) a metal serving rack which is designed to hold the ceramic “pizza stone.”
c) a stainless steel cutter for slicing the pizza.
d) a recipe booklet for producing the pizza.

You maintain that the above articles do not meet the requirements of a set and should be separately classified. However, noting GRI 3(b), we have determined that the subject articles, packed ready for sale at retail, are put up together to meet a particular need or carry out a specific activity with the the essential character being imparted by the ceramic “pizza stone.”

The applicable subheading for the pizza baking stone set will be 6912.00.4810, Harmonized Tariff Schedule of the United States (HTS), which provides for other ceramic tableware and kitchenware...other than of porcelain or china: suitable for food or drink contact. The rate of duty will be 9.8 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.


Robert B. Swierupski

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