CLA-2-69:RR:NC:2:227 B88253

Mr. Donald F. Wright
Excel Importing Corporation
100 Andrews Road
Hicksville, NY 11801

RE: The tariff classification of stoneware dinnerware from China.

Dear Mr. Wright:

In your letter dated July 1, 1997, you requested a tariff classification ruling.

The merchandise is stoneware dinnerware that is identified as in the patterns English Garden, Dorchester, Orchard and Cosmos. Previous information submitted indicates that the patterns are principally for household use and are "available in specified sets" in accordance with Chapter 69, additional U.S. note 6(b) of the Harmonized Tariff Schedule of the United States, with an aggregate value of over $38.

The term "of the size nearest to 15.3 cm in maximum dimension" in headnote 2(b) of chapter 69 means either more or less than the dimension specified and within a rather wide range. For example a salad plate may actually be up to 20.38 cm in diameter or as small as 10.22 cm in diameter.

The applicable subheading for the above stoneware dinnerware sets will be 6912.00.39, Harmonized Tariff Schedule of the United States (HTS), which provides for ceramic household tableware, other than of porcelain or china, available in specified sets, in a pattern for which the aggregate value of the articles listed in additional U.S. note 6(b) of Chapter 69 is over $38. The duty rate will be 4.5 percent ad valorem. This ruling is being issued under the provisions of Section 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 George Kalkines at (212) 466-5794.


Gwenn Klein Kirschner
Chief, Special Products Branch
National Commodity
Specialist Division