Ms. Deborah Janusa
J.W. Allen & Co., Inc.
200 Crofton Road, Box 34
Building 7D, Suite 800
Kenner, LA 70047

RE: The tariff classification of porcelain or china dinnerware from China.

Dear Ms. Janusa:

In your letter dated November 6, 2008, on behalf of Trade Advantage, Inc., you requested a tariff classification ruling.

The merchandise under consideration consists of assorted dinnerware, including plates, platters, bowls, dishes and cups, made of porcelain or china. The dinnerware will be for the commercial foodservice industry. You have submitted literature depicting various dinnerware items with your request.

The applicable subheading for the porcelain or china dinnerware will be 6911.10.1000, 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: Hotel or restaurant ware and other ware not household ware.” The rate of duty will be 25% 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

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

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.


Robert B. Swierupski
National Commodity Specialist Division