CLA-2-69:OT:RR:NC:4:428
Mr. Brian G. Pearce
Barthco International, Division of OHL
2200 Broening Hwy, Suite 200
Baltimore, MD 21224
RE: The tariff classification of a ceramic travel cup from China.
Dear Mr. Pearce:
In your letter dated March 11, 2011, you requested a tariff classification ruling on behalf of your client, CVS Pharmacy.
The merchandise under consideration is a ceramic travel cup, item number 847944. A sample of the cup was submitted with your ruling request and will be returned to you. It is designed to contain up to 14 ounces of liquid and features a double-walled construction in order to insulate the beverage. The cup measures approximately 6 inches high by 3.75 inches in diameter at its lip, tapering to a base 2.25 inches in diameter. This cup resembles a traditional paper coffee cup in design, and does not have a handle. It is also fitted with a removable, reusable silicone lid.
In your ruling request you suggest classification of the ceramic travel cup in heading 6912.00.4500, Harmonized Tariff Schedule of the United States (HTSUS), as ceramic tableware or kitchenware cups valued over $5.25 per dozen. However, this cup is not a traditional cup with a handle of a type used with a saucer. Therefore, classification in heading 6912.00.4500, HTSUS, does not apply.
The applicable subheading for the ceramic travel cup, item number 847944, will be 6912.00.4810, HTSUS, which provides for “Ceramic tableware, kitchenware…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