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NY M83959




June 6, 2006

CLA-2-69:RR:NC:1:126 M83959

CATEGORY: CLASSIFICATION

TARIFF NO.: 6911.10.8010

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

RE: The tariff classification of a ceramic (porcelain) teapot from China

Dear Ms. Marcoux:

In your letter dated May 26, 2006, you requested a tariff classification ruling. A representative sample was submitted with your ruling request.

The submitted sample, designated in your letter as “Teapot w/Thermal Cozy” – item number 56020, is a 2 ½ cup capacity ceramic (porcelain) teapot. A blue polypropylene cover/cozy lined with a thick thermal padding fits snuggly over the teapot. The overall measurements (including the cozy) are approximately 8 ½ inches in length by 5 3/8 inches in width by 5 ¾ inches in height.

The essential character of this item is imparted by the porcelain teapot.

You indicated in your letter that this merchandise will be marketed exclusively to individual consumers.

The applicable subheading for the ceramic (porcelain) teapot with thermal cozy will be 6911.10.8010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tableware, kitchenware, other household articles and toilet articles, of porcelain or china: tableware and kitchenware; other: other: other: other: suitable for food or drink contact. The rate of duty will be 20.8 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. 

Sincerely,

Robert B. Swierupski
Director,

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