CLA-2-69:RR:NC:2:227 F81597

Ms. Angela Bloch
15020 Thicket Court
Waterford, VA 20197

RE: The tariff classification of ceramic pitchers and mini boxes from Spain.

Dear Ms. Bloch:

In your letter received in this office on January 6, 2000, you requested a tariff classification ruling.

The subject merchandise, based on the photos and information submitted, consists of the following ceramic articles of earthenware: pitchers with handles and spouts, valued over $42 per dozen, that measure approximately 7 to 11 ½ inches in height by 5 to 8 inches in diameter; and a decorative mini box with bow measuring about 3 by 3 by 1 ½ inches, all possessing hand-painted designs on their exterior.

It is suggested that these items are properly classified under subheading 6912.00.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for ceramic tableware and kitchenware…other than of porcelain or china…of fine-grained earthenware, whether or not decorated, having a reddish-colored body and a lustrous glaze which, on teapots, may be any color, but which, on other articles, must be mottled, streaked or solidly colored brown to black with metallic oxide or salt. However, since the pitchers do not meet the criteria of the above subheading and the mini box is neither tableware nor kitchenware for tariff purposes, consideration of classification under subheading 6912.00.1000, HTS, is precluded. The applicable subheading for the ceramic pitchers will be 6912.00.4500, HTS, which provides for other ceramic tableware…other than of porcelain or china…beverage servers valued over $42 per dozen. The rate of duty will be 4.5 percent ad valorem.

The applicable subheading for the decorative ceramic mini box will be 6913.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ornamental ceramic articles, other than of porcelain or china, other. The rate of duty will be 6 percent ad valorem.

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 George Kalkines at 212-637-7073.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division