The tariff classification of a ceramic spatula and utensil holder from China.

N130308 November 17, 2010 CLA-2-69:OT:RR:NC:N4:428 CATEGORY: Classification TARIFF NO.: 6911.10.4100 Ms. Janet Pendris Hampton Direct P.O. Box 1199 Williston, VT 05495 RE: The tariff classification of a ceramic spatula and utensil holder from China. Dear Ms. Pendris: In your letter dated October 28, 2010, you requested a tariff classification ruling. The submitted sample is identified as a Spatula & Utensil Holder, Item #68380. The article is made of ceramic (porcelain) and measures approximately 5 ¾” L x 4 ¾” W x 1 ½” H. It serves as a holder for cooking utensils, such as spatulas, spoons, ladles, and tongs, to prevent soiling of counters and stovetops while cooking. The article has a lip to secure most long handled utensils, and a non-slip silicone base. Your sample is being returned as requested. The applicable subheading for the Spatula & Utensil Holder, Item #68380, will be 6911.10.4100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Tableware, kitchenware, other household articles and toilet articles, of porcelain or china: Tableware and kitchenware: Other: Other: Other… spoon rests.” The rate of duty will be 6.3 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 Sharon Chung at (646) 733-3028. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division