CLA-2-69:OT:RR:NC:N4:422

Ms. Melissa Lehmann
M. Z. Berger & Co. Inc.
353 Lexington Avenue, 14th Floor New York, NY 10016

RE:  The tariff classification of ceramic spice containers from China

Dear Ms. Lehmann:

In your letter dated October 2, 2024, you requested a tariff classification ruling. Images were submitted along with your request.

The merchandise is a 6-pack spice container set. It consists of 6 stoneware ceramic containers with lids.  The containers are shaped like potion jars from Disney’s “The Nightmare Before Christmas.” The containers are grey and white, and the spice name is printed on the front of each jar. The spice containers are:  rosemary, parsley, oregano, thyme, sage, and basil. They will be imported empty. Each lid includes a rubber ring for an airtight seal when closed. The rosemary and thyme containers measure approximately 2.5 inches high by 1.9 inches wide. The parsley and sage containers measure approximately 2.5 inches high by 1.7 inches wide. The oregano and basil containers measure approximately 3.6 inches high by 1.6 inches wide. The containers are safe for food contact and designed to store and dispense spices and seasonings for table and kitchen use.

The applicable subheading for the 6-pack spice container set will be 6912.00.4810, Harmonized Tariff Schedule of the United States (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 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 at https://hts.usitc.gov/.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.

This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Dana L. Giammanco at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division