The tariff classification of ceramic tableware from China.

N053960 March 12, 2009 CLA-2-69:OT:RR:E:NC:1:128 CATEGORY: Classification TARIFF NO.: 6912.00.4810 Ms. Michelle Dias Princess House, Inc. 470 Myles Standish Blvd. Taunton, MA 02780 RE: The tariff classification of ceramic tableware from China. Dear Ms. Dias: In your letter dated March 9, 2009, you requested a tariff classification ruling. The merchandise under consideration is ceramic tableware of stoneware, identified as Colored Appetizer Plates, item #2240. The item consists of a set of four plates, one of each in yellow, orange, green, and red. Each plate is square-shaped, measuring 5 ½ inches by 5 ½ inches. You indicate that the plates are valued at $3.10 per set. You suggest that the ceramic appetizer plates should be properly classified under subheading 6912.00.4500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Ceramic tableware, kitchenware… other than of porcelain or china: Tableware and kitchenware… Other… plates not over 22.9 cm in maximum diameter and valued over $6 per dozen.” However, since the subject appetizer plates are not of the class or kind of merchandise that is listed among the enumerated exemplars within this subheading, consideration of classification under subheading 6912.00.4500, HTSUS, is precluded.   The applicable subheading for the ceramic Colored Appetizer Plates, item #2240, will be 6912.00.4810, 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% 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