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NY N023159

February 14, 2008



TARIFF NO.: 6912.00.4890

Ms. Francine Ramsey
Hampton Direct, Inc.
P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of an Apple Table Top Caddy from China.

Dear Ms. Ramsey:

In your letter dated February 6, 2008, you requested a tariff classification ruling.

The submitted sample is identified as an Apple Table Top Caddy, SKU #65230. You stated that the caddy is made of handpainted dolomite ceramic. The caddy measures 5¾” D x 5¼” H and is in the shape of an apple. The product also comes with a salt and pepper shaker, each in the shape of a worm. The shakers are also made of dolomite ceramic. Each shaker measures 2½” L x 1¼” across its widest point. The capacity of each shaker is one teaspoon.

The apple has portions cut out in the front, back, and on one side. The cut out portions in the front and back measure approximately 3½” L x 1½” D x 2” H, and will be used as storage spaces for the salt and pepper shakers. The cut out portion on the side measures approximately 3½” L x 1” W, and is intended to be used as a napkin holder, capable of holding several napkins. Extending from the top of the apple is a hollowed out core stem. The core stem measures 1” D x 1½” H, and is designed for use as a toothpick holder.

The subject Apple Table Top Caddy is composed of different components (the apple and the salt and pepper shakers) and is considered a composite good. In this case, the apple imparts the essential character to the good.      

The applicable subheading for the Apple Table Top Caddy, SKU #65230, will be 6912.00.4890, 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, Other.” The rate of duty will be 9.8% 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/.

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.

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 Sharon Chung at 646-733-3028.


Robert B. Swierupski

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