CLA-2-69:OT:RR:NC:1:128
Mr. Nicholas D’Andrea
Delmar International Inc.
147-55 175th Street
Jamaica, NY 11434
RE: The tariff classification of ceramic tableware from England.
Dear Mr. D’Andrea:
In your letter dated March 3, 2009, on behalf of Churchill China (UK) Ltd., you requested a tariff classification ruling.
The submitted samples consist of ceramic tableware of china, identified as follows:
#AMBI 001 1 is a large pasta bowl measuring 12 ½ inches (31.5 cm) in diameter, valued at £7.50.
#AMBI 0002 1 is a risotto bowl measuring 11 inches (27.9 cm) in diameter, valued at £6.50.
#AMBI 0003 1 is a medium rim plate measuring 11 inches (27.9 cm) in diameter, valued at £7.25.
In your request, you indicate that the tableware is part of the Alchemy fine china line of products. The tableware will be offered for sale as part of complete sets (place settings) as well as in open stock, and will be sold through retail or commercial channels. You also indicate that the weight and thickness of each of the three pieces of tableware, when compared to Churchill’s fine china hotel ware range of items and their other ranges of hotel ware items, are of a thinner grade. You have submitted literature advertising that the tableware is offered as a “5 Star range for the home.” The literature depicts the tableware in an urban environment, being displayed exclusively in a variety of home settings, targeting the urban household consumer. You further indicate that the subject tableware is designed for and suitable for use in the home.
Your samples are being returned as requested.
The applicable subheading for the large pasta bowl, #AMBI 001 1, and the risotto bowl, #AMBI 0002 1, will be 6911.10.8010, 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: Other, Suitable for food or drink contact.” The rate of duty will be 20.8% ad valorem.
The applicable subheading for the medium rim plate, #AMBI 0003 1, will be 6911.10.5800, HTSUS, which provides for “Tableware, kitchenware, other household articles and toilet articles, of porcelain or china: Tableware and kitchenware: Other: Other: Other… plates over 22.9 but not over 27.9 cm in maximum diameter and valued over $41 per dozen.” The rate of duty will be 6% 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