CLA-2 R:C:M 957523 KCC
District Director
U.S. Customs Service
150 N. Royal Street, Room 3004
Mobile, Alabama 36602
RE: Protest 1901-94-100084; ceramic dinnerware; Additional U.S. Note 6(b), Chapter 69;
ceramic tableware available in specified sets; aggregate value of the articles listed in
additional U.S. note 6(b) of this chapter over or under $38
Dear District Director:
This is in regards to Protest 1901-94-100084, concerning the tariff classification of
ceramic dinnerware under the Harmonized Tariff Schedule of the United States (HTSUS).
Documentary evidence was submitted for our consideration.
FACTS:
The merchandise is stoneware dinnerware that is identified as "Blue Bonnet" pattern.
Specifically, the dinnerware pieces entered on March 30, 1994, were dinner plates, cups, saucers,
salad plates, soup bowls, sugar and creamers, 9" round serving bowls, 12" round serving platters,
salt and pepper sets, and beverage servers. The entry of the dinnerware was liquidated on August
26, 1994, under subheading 6912.00.35, HTSUS, as ceramic tableware available in specified sets,
in any pattern for which the aggregate value of the articles listed in additional U.S. note 6(b) of
this chapter is not over $38. In a protest timely filed on November 16, 1994, the protestant
contends that the dinnerware is properly classified under subheading 6912.00.39, HTSUS, as
ceramic tableware available in specified sets, in any pattern for which the aggregate value of the
articles listed in additional U.S. note 6(b) of this chapter is over $38.
ISSUE:
Is the ceramic dinnerware classified under subheading 6912.00.35, HTSUS, as ceramic
tableware available in specified sets, in any pattern for which the aggregate value of the articles
listed in additional U.S. note 6(b) of this chapter is not over $38, or under subheading
6912.00.39, HTSUS, as ceramic tableware available in specified sets, in any pattern for which the
aggregate value of the articles listed in additional U.S. note 6(b) of this chapter is $38?
LAW AND ANALYSIS:
The classification of merchandise under the HTSUS is governed by the General Rules of
Interpretation (GRI's). GRI 1, HTSUS, states, in part, that "for legal purposes, classification shall
be determined according to the terms of the headings and any relative section or chapter notes...."
The competing subheadings are as follows:
6912.00 Ceramic tableware, kitchenware, other household articles and toilet articles, other
than of porcelain or china...Tableware and kitchenware...
6912.00.35 Other...Other...Available in specified sets...In any pattern for which the
aggregate value of the articles listed in additional U.S. note 6(b) of this
chapter is not over $38....
6912.00.39 Other...Other...Available in specified sets...In any pattern for which the
aggregate value of the articles listed in additional U.S. note 6(b) of this
chapter is over $38....
Additional U.S. Note 6(b), Chapter 69, HTSUS, states that for purposes of headings 6911
and 6912:
If each of the following articles is sold or offered for sale in the same pattern, the
classification hereunder in subheadings 6911.10.35, 6911.10.39, 6912.00.35 or
6912.00.39, of all articles of such pattern shall be governed by the aggregate value of the
following articles in the quantities indicated, as determined by the appropriate customs
officer under section 402 of the Tariff Act of 1930, as amended, whether or not such
articles are imported in the same shipment;
12 plates of the size nearest to 26.7 cm in maximum dimension, sold or offered for
sale,
12 plates of the size nearest to 15.3 cm in maximum dimension, sold or offered for sale,
12 tea cups and their saucers, sold or offered for sale,
12 soups of the size nearest to 17.8 cm in maximum dimension, sold or offered for sale,
12 fruits of the size nearest to 12.7 cm in maximum dimension, sold or offered for sale,
1 platter or chop dish of the size nearest to 38.1 cm in maximum dimension, sold or offered for sale,
1 open vegetable dish or bowl of the size nearest to 25.4 cum in maximum dimension, sold or offered for sale,
1 sugar of largest capacity, sold or offered for sale,
1 creamer of largest capacity, sold or offered for sale.
If either soups or fruits are not sold or offered for sale, 12 cereals of the size nearest to
15.3 cum in maximum dimension, sold or offered for sale, shall be substituted therefor.
Customs and the protestant agree that the "Blue Bonnet" pattern dinnerware is principally
for household use and is "available in specified sets" in accordance with Additional U.S. Note
6(b), Chapter 69, HTSUS. The question is whether the aggregate value of the dinnerware set is
over or under $38.
The protestant contends that the aggregate value of the 77 piece "Blue Bonnet"
dinnerware set is over $38. As evidence of this claim, the protestant has submitted an affidavit
from the seller stating that the pieces of the "Blue Bonnet" pattern are offered for sale in the U.S.
as follows:
77 PCS. set
DINNER PLATE 12 PCS US$ 8.32
CUP 12 PCS US$ 3.61
SAUCER 12 PCS US$ 2.37
SALAD PLATE 12 PCS US$ 4.08
SOUP/CEREAL 12 PCS US$ 4.79
DESSERT DISH 12 PCS US$ 3.00
SUGAR BOWL W/ COVER 1(2) PCS US$ 1.00
CREAMER 1 PC. US$ 0.71
VEGETABLE BOWL 1 PC. US$ 1.05
OVAL PLATTER 1 PC. US$10.57
77 PCS. US$39.50
Additionally, the protestant has submitted a letter from the manufacturer of the dinnerware
explaining the high cost for the oval platter. The letter states that the 14" oval platter is an unusual
size for their production and, therefore, it is hand-cast. Because of the hand-casting, only 25-30%
of a production is acceptable. They state that because of the low yield and small run production,
the price is high, i.e., $10.57.
The above information indicates that the 77 piece "Blue Bonnet" set includes the 14" oval
platter with a unit value of $10.57. However, Customs information indicates that the 14" oval
platter has never been imported, offered for sale or sold. We are of the opinion that the 12" oval
platter (listed as Item No. 14008 on the invoice), which was imported in the entry subject to this
protest, is actually the piece that is offered for sale or sold. The unit value of the 12" oval platter
is $1.52. We note that a letter to the protestant from Meiwa USA, Ltd., dated August 2, 1994,
states that a bill for $418.60 from the dinnerware manufacture, "...who developed the 14"
Scalloped Oval Platter per your request" is enclosed. We do not believe that any reliable evidence
has been submitted to show that the 14" oval platter is actually offered for sale or sold in the U.S.
The dinnerware set offered for sale or sold in the U.S. includes the 12" oval platter valued at
$1.52. The "Blue Bonnet" dinnerware's aggregate value is not over $38, and, therefore, is
classifiable under subheading 6912.00.35, HTSUS.
HOLDING:
The ceramic dinnerware is classified under subheading 6912.00.35, HTSUS, as ceramic
tableware available in specified sets, in any pattern for which the aggregate value of the articles
listed in additional U.S. note 6(b) of this chapter is not over $38. This protest should be
DENIED.
In accordance with Section 3A(11)(b) of Customs Directive 099 3550-065 dated August
4, 1993, Subject: Revised Protest Directive, this decision, together with the Customs Form 19,
should be mailed by your office to the protestant no later than 60 days from the date of this letter.
Any reliquidation of the entry in accordance with the decision must be accomplished prior to
mailing of the decision. Sixty days from the date of the decision the Office of Regulations and
Rulings will take steps to make the decision available to customs personnel via the Customs
Rulings Module in ACS and the public via the Diskette Subscription Service, Freedom of
Information Act and other public access channels.
Sincerely,
John Durant, Director
Commercial Rulings Division.