CLA-2-69:OT:RR:NC:N4:428
Mr. Darren Yokopenic
HSN
1 HSN Drive
St. Petersburg, FL 33729
RE: The tariff classification of porcelain tableware from China.
Dear Mr. Yokopenic:
In your letter dated May 7, 2009, you requested a tariff classification ruling.
The submitted sample is identified as a “Medici 4 piece serving set”. It consists of a gravy boat, a liner plate, and a salt and pepper shaker set, all made of porcelain. Each item is decorated with a gold trim. The gravy boat measures approximately 9” in length by 3” in width by 3.25” in height. The liner plate is oval shaped and measures approximately 9.5” in length by 5.5” in width. The salt and pepper shakers each measure approximately 3” in height, with a top diameter of 1.25” and a bottom diameter of 1.75”. It is noted that the shakers possess small top apertures for emitting the specific condiment as well as bottom openings for the insertion of the condiments that are secured via plastic stoppers.
The applicable subheading for the porcelain gravy boat and liner plate 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, Suitable for food or drink contact.” The rate of duty will be 20.8% ad valorem.
The applicable subheading for the porcelain salt and pepper shaker set will be 6911.10.4100, HTSUS, which provides for “Tableware, kitchenware, other household articles and toilet articles, of porcelain or china: Tableware and kitchenware… Other…salt and pepper shaker sets.” The rate of duty will be 6.3% 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
National Commodity Specialist Division