CLA-2-69:OT:RR:NC:4:428
Mr. Michael Skidmore
Dynasty CHB, Inc.
365 Chelsea Street
East Boston, MA 02128
RE: The tariff classification of a ceramic travel cup from China.
Dear Mr. Skidmore:
In your letter dated June 17, 2011, you requested a tariff classification ruling on behalf of your client, Life is Good Wholesale, Inc.
The merchandise under consideration is part number 17070, described as the Ceramic Tumbler. A sample was submitted with your ruling request and will be returned to you. The Ceramic Tumbler is a travel cup made of stoneware ceramic resembling a traditional paper coffee cup in design, and does not have a handle. It measures approximately 5.5 inches high by 3.5 inches in diameter at its lip, tapering to a base 2.25 inches in diameter. This cup is capable of containing up to 9 ounces of liquid, and features a double-walled construction in order to insulate the beverage. It is also fitted with a removable, reusable silicone lid.
In your ruling request you suggest classification of the Ceramic Tumbler in 6912.00.4100 Harmonized Tariff Schedule of the United States (HTSUS), which includes ceramic steins with permanently attached pewter lids, ceramic candy boxes, decanters, punch bowls, pretzel dishes, tidbit dishes, tiered servers, bonbon dishes, egg cups, spoons and spoon rests, oil and vinegar sets, tumblers and salt and pepper shaker sets. However, this is a travel cup that is not of the class or kind of merchandise included in this heading. Alternately, you suggest classification in 6912.00.5000, HTSUS, as ceramic articles other than tableware or kitchenware. However, this item is of the class or kind used at or around the table or kitchen.
The applicable subheading for the Ceramic Tumbler, part number 17070, will be 6912.00.4810, 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 general 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/.
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 Nicole Sullivan at (646) 733-3028.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division