CLA-2-69:OT:RR:NC:N4:428
Mr. Darrell Sekin, Jr.
DJS International Services, Inc.
4215 Gateway Drive, Suite 100
Colleyville, TX 76034
RE: The tariff classification of ceramic tableware from Bulgaria.
Dear Mr. Sekin:
In your letter dated September 14, 2010, on behalf of Griffin 22 SLLC, you requested a tariff classification ruling.
The submitted samples are ceramic tableware articles consisting of one small pottery bowl and one small pottery dish. You indicate that the pottery is made of clay; the paint used on the items is a lead free glaze; and the items are hand painted and hand thrown or made in molds. You also state that the items are food and dishwasher safe, and that they may be used for serving food or for decoration. The samples were sent to the U.S. Customs and Border Protection Laboratory for analysis. The laboratory has now completed its analysis.
In your opinion, the subject ceramic tableware is classified in subheading 6912.00.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides, in part, for “Ceramic tableware, kitchenware, other household articles and toilet articles, other than of porcelain or china: Tableware and kitchenware: Of coarse-grained earthenware, or of coarse-grained stoneware.” Headquarters Ruling Letter W963318 dated February 16, 2000 addressed the issue of coarse-grained earthenware. That ruling stated in part: “Tableware and kitchenware of earthenware made from a body in which the particles are larger than 0.2 mm is coarse-grained stoneware, classifiable in subheading 6912.00.10, HTSUS. Tableware and kitchenware of earthenware made from a body in which the particles are no larger than 0.2 mm is “other” than coarse-grained earthenware of subheading 6912.00.10, classifiable in the “other” provision under “tableware and kitchenware,” in subheading 6912.00.20 through 6912.00.48, HTSUS.”
According to the analysis by the laboratory, the submitted samples consist of a bowl 12.4 cm in diameter and a dish 17.8 cm in diameter, both with glaze of various colors. Both samples conform to the definition of a ceramic article as stated in General Note IV, Chapter 69 of the tariff Explanatory Notes and of earthenware as stated in Additional U.S. Note 5 (c), Chapter 69 of the HTSUS. The bodies of the bowl and the dish are opaque and reddish, have particle sizes larger than 0.2 mm, and absorb 9.1% and 10.4% of their weights of water respectively.
The applicable subheading for the ceramic tableware articles will be 6912.00.1000, HTSUS, which provides, in part, for “Ceramic tableware, kitchenware, other household articles and toilet articles, other than of porcelain or china: Tableware and kitchenware: Of coarse-grained earthenware, or of coarse-grained stoneware.” The rate of duty will be 0.7% 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