CLA-2-69:RR:NC:2: 227 B84730
Ms. Barbara Balk
Air Tiger Express Companies, Inc.
15215 52nd Ave. South, Ste. 27
Seattle, WA 98188
RE: The tariff classification of ceramic tableware and kitchenware from Italy.
Dear Ms. Balk:
In your letter dated April 18, 1997, on behalf of Caterina Murone Wartes, you requested a tariff classification ruling. As requested, the merchandise is being returned excepting the casserole which was forwarded to the Customs laboratory for analysis.
The subject merchandise, referred to as "Vulcania pottery," consists of the following ceramic tableware and kitchenware articles of earthenware:
a) a soup pot, item number MA216, which measures approximately 6.3 inches along its top diameter by 6.9 inches high;
b) a serving platter, item number TMO25, which measures approximately 11 inches long by 2 inches high, noting the submission of a sample;
c) a soup bowl, item number TE214, which measures about
5.5 inches along its top diameter by 2.5 inches high;
d) a frying pan, item number CA122, which measures about 8.7 inches along its top diameter by 3.1 inches high;
e) a casserole, item number UR222, which measures nearly 6.5 inches along its top diameter by 4 inches high, noting the submission of a sample.
It is observed that this type of pottery features a reddish-colored body that is glazed with a brown to black coloring.
It is proffered that the instant merchandise should be properly classified under subheading 6912.00.4810, Harmonized Tariff Schedule of the United States, HTS, which provides for other ceramic tableware and kitchenware, suitable for food or drink contact. However, since these items meet the criteria outlined under subheading 6912.00.1000, HTS, and, therefore, being specifically provided for elsewhere in the tariff, consideration of classification under subheading 6912.00.4810, HTS, is precluded.
The applicable subheading for the instant "Vulcania pottery" will be 6912.00.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for ceramic tableware, kitchenware...other than of porcelain or china...of fine-grained earthenware, whether or not decorated, having a reddish-colored body and a lustrous glaze which, on teapots, may be any color, but which, on other articles, must be mottled, streaked or solidly colored brown to black with metallic oxide or salt. The rate of duty will be 1 percent ad valorem.
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
George Kalkines at 212-466-5794.
Sincerely,
Gwenn Klein Kirschner
Chief, Special Products Branch
National Commodity
Specialist Division