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NY L84112




May 9, 2005

CLA-2-69:RR:NC1:126: L84112

CATEGORY: CLASSIFICATION

TARIFF NO.: 6911.10.8010; 6912.00.4810

Ms. Cheryl Santos and Ms. Joanne Harmon
CVS Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of a ceramic plate from China

Dear Ms. Santos and Ms. Harmon:

In your letter, received April 15, 2005, you requested a tariff classification ruling regarding a ceramic plate, item # 299475.

A sample of the item was submitted with your ruling request. Our office received the sample in a broken condition.

The product is designed in the shape of a leaf. It is divided into three sections. In your letter you indicated that the dimensions of the article are twelve inches by seven inches by 2.25 inches.

The information submitted with your ruling request did not indicate the type of ceramics that comprises the article.

In a telephone conversation with this office you indicated that this product will be sold at retail to individual consumers.

When the article consists of porcelain or china, the applicable subheading for this plate in the shape of a leaf will be 6911.10.8010, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articles and toilet articles, of porcelain or china: tableware and kitchenware: other: other: other: other. The rate of duty will be 20.8 percent ad valorem.

When the article consists of a type of ceramics other than porcelain or china, the applicable subheading for this plate in the shape of a leaf will be 6912.00.4810, HTS, which provides for ceramic tableware, kitchenware, other household articles and toilet articles, other than 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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