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NY L89714





January 27, 2006

CLA-2-69:RR:NC1:126: L89714

CATEGORY: CLASSIFICATION

TARIFF NO.: 6912.00.4810

Ms. Francine Marcoux
Hampton Direct
350 Pioneer Drive
P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of a candy dish and three ceramic storage articles from China

Dear Ms. Marcoux:

In your letter, dated December 28, 2005, you requested a tariff classification ruling regarding a ceramic “flower power” candy dish (#53560) and three “flower power” ceramic storage articles (#53540, #53542, #53544).

A samples and photographs of the candy dish were submitted with your ruling request. Photographs of the storage articles were submitted with your ruling request.

Each of these products is decorated with a flower pattern.

You stated that each of these articles is composed of dolomite ceramics.

You stated that all of the articles will be marketed to individual consumers and will be used in the home.

The candy dish is divided into two sections that can be used to hold and serve different types of food material. It measures approximately 10.75 inches by 5.25 inches by 5.125 inches.

You indicated that the candy dish will be used to hold and serve various foods. It can be used to hold candy, chocolates or nuts. It can be used to hold and serve two kinds of dip.

The glass storage articles come in three sizes – small, medium and large.

The small storage article measures approximately 5.25 inches by four inches by five inches. The medium storage article measures approximately 5.5 inches by 4.5 inches by 5.5 inches. The large storage article measures approximately 5.75 inches by 5.25 inches by 6.25 inches.

The approximate capacity of the small storage article is two cups. The approximate capacity of the medium storage article is three cups. The approximate capacity of the large storage article is five cups.

Each of the storage articles has a stainless steel closure with a rubber ring. These products are used for storing food material (tea bags, coffee, nuts, candy, etc.) in the home.

The applicable subheading for the ceramic (dolomite) candy dish and the ceramic (dolomite) storage articles will be 6912.00.4810, Harmonized Tariff Schedule of the United States (HTSUS), 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: suitable for food or drink contact. The rate of duty will be 9.8 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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.

Ceramic table/kitchenware may be subject to certain requirements under the regulations administered by the Food and Drug Administration (FDA). If you have any questions regarding these requirements, you may contact the FDA at: Food and Drug Administration Division of Import Operations and Policy 5600 Fishers Lane Rockville, Maryland 20857 Telephone: 1-888-463-6332.

Certain ceramic table and kitchen articles may be subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the FDA. Information on the Bioterrorism Act can be obtained by calling the FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.    

The submitted sample of the candy dish was not marked with its country of origin. Articles imported into the United States must be marked in a legible, indelible, permanent and conspicuous manner with the English name of the country of origin.  

Sincerely,

Robert B. Swierupski
Director,

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