CLA-2-94:OT:RR:NC:1:110

Ms. Martha De Castro
Bed Bath & Beyond
650 Liberty Ave.
Union, NJ 07083

RE: The tariff classification of fire pots from China.

Dear De Castro:

In your letter dated December 28, 2011, you requested a tariff classification ruling.

The merchandise under consideration consists of five Ceramic Fire Pots, SKU Numbers 17507567, 17507478, 17507630, 17507664 and 17825810.

The fire pots are ceramic vessels with removable stainless steel receptacle or fuel cup, designed as a fuel gel reservoir mounted within a circular opening in the top of each fire pot. When filled with fuel gel and ignited, the fire pots produce a flame visible from all sides, providing light to the surrounding area. SKU Numbers 17507567 and 17507478 are square-shaped and measure approximately 7¼ inches by 7¼ inches by 5½ inches high. SKU Numbers 17507630, 17507664 and 17825810 are round-shaped and measure approximately 7¾ inches in diameter at their widest points by 5½ high. The five firepot have a flat base for placement on virtually any flat surface, and are intended for outdoor use such as decks, gardens, patios or pool areas.

The applicable subheading for the five Ceramic Fire Pots, SKU Numbers 17507567, 17507478, 17507630, 17507664 and 17825810 will be 9405.50.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Lamps and lighting fittings…: Non-electrical lamps and lighting fittings: Other: Other.” The general rate of duty will be 6 percent 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/.

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 Thomas Campanelli at (646) 733-3016.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division