CLA-2-69:OT:RR:NC:N4:428

Ms. Katie Jackson
Springs Global US, Inc.
205 N. White Street
Fort Mill, SC 29715

RE: The tariff classification of porcelain dinner plates from China.

Dear Ms. Jackson:

In your letter dated April 4, 2011, you requested a tariff classification ruling.

You have submitted two plates as samples. They are identified as item number 1 and item number 62. You state that they are made from solid glazed porcelain and that the FOB price for both plates is over $11.50, but not over $41.00 per dozen. They will be returned to you as requested.

Plate number 1 is a mostly rounded plate that has a maximum diameter of 28.25 cm. Plate number 62 has no rounded edges; instead, it has various angled edges around its perimeter. Its maximum diameter measures 29.53 cm.

The applicable subheading for the porcelain dinner plates identified as item numbers 1 and 62, 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.

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,

Robert B. Swierupski
Director
National Commodity Specialist Division