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NY N025024




March 24, 2008

CLA-2-69:OT:RR:NC:1:128

CATEGORY: CLASSIFICATION

TARIFF NO.: 6912.00.4810

Ms. Tammie Oliver
Kohl’s Department Stores
N56 W17000 Ridgewood Drive
Menomonee Falls, WI 53051

RE: The tariff classification of earthenware bowls from China.

Dear Ms. Oliver:

In your letter dated February 17, 2008 you requested a tariff classification ruling.

You submitted three samples of earthenware bowls. You indicated that the bowls are intended to be used as standard dinnerware bowls. Your samples will be returned as requested.

The submitted samples are described as follows:

Item number 08HA130 is an acorn shaped and colored bowl, measuring approximately 1 ¾” H x 5 5/8” W x 7 1/8” L.

Item number 10-5956 is a pumpkin shaped and colored bowl, measuring approximately 2 ¾” H x 6 3/8” W x 6 ¾” L.

Item number 08HAR117GN is a leaf shaped and colored bowl, measuring approximately 2 ¾” H x 6 ½” W x 8” L. The bowl will be available in three colors.

The applicable subheading for the earthenware bowls, item numbers 08HA130, 10-5956, and 08HAR117GN, 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% 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.

Sincerely,

Robert B. Swierupski
Director,

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