The tariff classification of ceramic mugs with iron rack from China.

N030497 June 17, 2008 CLA-2-69:OT:RR:E:NC:1:128 CATEGORY: Classification TARIFF NO.: 6912.00.4400 Mr. Troy Crago Atico International USA, Inc. 501 South Andrews Avenue Fort Lauderdale, FL 33301 RE: The tariff classification of ceramic mugs with iron rack from China. Dear Mr. Crago: In your letter dated June 10, 2008, you requested a tariff classification ruling. The merchandise under consideration is identified as Stoneware Mug Set with Iron Rack, Item Number A039HA00514. It consists of six 8-ounce mugs and six saucers all made of stoneware ceramics, and an iron rack, packaged together for retail sale. The mugs are white, with each mug having a different band of color around its rim with “coffee” printed on it. The item is being marketed for household use. You have submitted product details and specifications with your request. The Stoneware Mug Set with Iron Rack will be classified as a set in the tariff provision applicable to the article which imparts the essential character. In this instance, the essential character is imparted by the mugs. The applicable subheading for the Stoneware Mug Set with Iron Rack, Item Number A039HA00514, will be 6912.00.4400, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Ceramic tableware…other than of porcelain or china… Mugs and other steins.” The rate of duty will be 10% 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