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NY K89826





October 22, 2004

CLA-2-70:RR:NC1:126:K89826

CATEGORY: CLASSIFICATION

TARIFF NO.: 6912.00.4810

Ms. Michelle Dias
Princess House
470 Myles Standish Blvd
Myles Standish Industrial Park
Taunton, MA 02780

RE: The tariff classification of a ceramic snack tray from China

Dear Ms. Dias:

In your letter dated September 22, 2004 you requested a tariff classification ruling regarding a ceramic (stoneware) snack tray (#1331 Pavillion).

A photograph was submitted with your ruling request.

The dimensions of the tray are 1 21/64 inches by 13 5/8 inches by 10 1/8 inches. The tray is divided into four sections for holding snacks – one larger section and three smaller sections.

In your letter you suggest that the product should be classified as a pretzel dish or a tidbit dish in subheading 6912.00.4100, Harmonized Tariff Schedule of the United States (HTS). However, this product is a snack tray; it is not a pretzel dish or a tidbit dish. Therefore, subheading 6912.00.4100, HTS, is not applicable.

The applicable subheading for the ceramic snack tray will be 6912.00.4810, HTS, which provides for ceramic tableware, kitchenware, other household articles and toilet articles, other than that of porcelain or china: tableware and kitchenware: other: other: other: other. 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 Jacob Bunin at 646-733-3027.

Sincerely,

Robert B. Swierupski
Director,

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