The tariff classification of ceramic pie birds from China.

N141237 January 14, 2011 CLA-2-69:OT:RR:NC:N4:428 CATEGORY: Classification TARIFF NO.: 6912.00.4810 Ms. Janet Pendris Hampton Direct, Inc. P. O. Box 1199 Williston, VT 05495 RE: The tariff classification of ceramic pie birds from China. Dear Ms. Pendris: In your letter dated December 17, 2010, you requested a tariff classification ruling. The submitted sample, identified as Set of 2 Pie Birds, Item # 69250, consists of two identical hollow ceramic birds, each measuring approximately 4” in height, with a base diameter of 1 ¾”. The birds are colored black with yellow beaks, and are in a standing position, with their heads pointed upwards, and their mouths open. The articles are used for the purpose of eliminating spills while baking pies. Each pie bird has an aperture in its mouth which acts as a vent for steam to escape, thus preventing the pie filling from boiling over. The pie birds are dishwasher and oven safe to 425º Fahrenheit. Your sample is being returned as requested. The applicable subheading for the ceramic pie birds will be 6912.00.4810, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Ceramic tableware, kitchenware… other than of porcelain or china: Tableware and kitchenware…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