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June 18, 1999

CLA-2-69:RR:NC:2:227 E83028

CATEGORY: CLASSIFICATION

TARIFF NO.: 6912.00.4810

Mr. Tobias Henderson
Bath & Body Works
7 Limited Parkway East
Reynoldsburg, OH 43068

RE: The tariff classification of ceramic mini pitchers from China.

Dear Mr. Henderson:

In your letter dated May 28, 1999, you requested a tariff classification ruling. Sample is being returned as requested.

The sample submitted is a ceramic mini pitcher, style number 111775, which measures approximately 3 inches in height by 3 inches along its open top portion and possesses a blue- colored basket weave exterior. It is stated to be valued at $12.60 per dozen. It will also be imported in styles 111769, 111770, 111776, 111771, 111774, 111772, and 111773 with basket weave exteriors of white, lavender, green, cream, pink, apple and yellow respectively.

You claim that this item should be classified under subheading 6913.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ornamental ceramic articles, other. However, since the instant article, serving the utilitarian function of a pitcher, is more specifically provided for elsewhere, consideration of classification under the above subheading is precluded.

The applicable subheading for the ceramic mini pitchers will be 6912.00.4810, Harmonized Tariff Schedule of the United States (HTS), which provides for other ceramic tableware¬other than of porcelain or china: other: 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.

Sincerely,

Robert B. Swierupski
Director,

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