The tariff classification of a ceramic salt and pepper shaker set from China.

N242438 June 18, 2013 CLA-2-69:OT:RR:NC:N4:428 CATEGORY: Classification TARIFF NO.: 6912.00.4100; 9817.95.05 Ms. Lynn Schab Liss Global, Inc. 7746 Dungan Road Philadelphia, PA 19111 RE: The tariff classification of a ceramic salt and pepper shaker set from China. Dear Ms. Schab: In your letter dated May 23, 2013, you requested a tariff classification ruling. The merchandise under consideration is described as Salt and Pepper Shakers, item number 9017880. A sample of the item was submitted with your ruling request and will be returned to you. It consists of two shakers which measure approximately 3.25 inches high by 2.25 inches long by 2 inches wide at their widest points, packaged with a small ceramic base measuring approximately 4.5 inches long by 3 inches wide. One shaker is shaped to resemble a three-dimensional Santa Claus, while the other is shaped to resemble a three-dimensional Mrs. Claus. The base has indentations specifically sized for placement of the shakers. Each shaker features holes in the top for dispensing seasoning, while the bottom provides an opening, fitted with a plastic stopper, for filling the shaker. During a telephone conference on June 3, 2013, your office stated that the shakers are made of dolomite ceramic. In your ruling request you suggest classification of the shakers in 6912.00.4810, Harmonized Tariff Schedule of the United States (HTSUS) as other ceramic tableware suitable for food or drink contact, of other than porcelain or china. However, the Salt and Pepper Shakers are more specifically provided for elsewhere. The applicable subheading for the Salt and Pepper Shakers, item number 9017880, will be 6912.00.4100, HTSUS, which provides for “Ceramic tableware…other than of porcelain or china: Tableware and kitchenware: Other: Other: Steins with permanently attached pewter lids…and salt and pepper shaker sets.” The general rate of duty will be 3.9 percent ad valorem. In addition, Santa and Mrs. Claus are recognized festive motifs, and are presented here in three-dimensional depictions. Therefore the Salt and Pepper Shakers are eligible for duty-free treatment in subheading 9817.95.05, HTSUS. 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 Nicole Sullivan at (646) 733-3028. Sincerely, Thomas J. Russo Director National Commodity Specialist Division