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

Ms. Janet Pendris
Hampton Direct
P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of ceramic mugs from China.

Dear Ms. Pendris:

In your letter dated September 21, 2010, you requested a tariff classification ruling.

The submitted sample, identified as Set/2Girl’s Best Friend Mugs, Item #75581, consists of two ceramic mugs, one white and one pink. The mugs measure approximately 4 inches in height, with a base diameter of 2 ¾ inches and an open top diameter of 3 ½ inches. Each mug has a 12 oz. capacity and features a handle that is in the shape of a diamond solitaire ring measuring 1 ½ inches in diameter. The “diamond” is made of glass. Each mug is packaged in an oversized jewelry gift-giving box. When presented as a gift, only the “ring” is visible to the recipient. Both gift boxes are packaged together in a cardboard box. The set of two mugs will also be available in a blue and purple combination (Item #75580). You stated that this merchandise will be marketed to individual consumers.

Your sample is being returned as requested.

The applicable subheading for the ceramic mugs will be 6912.00.4400, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Ceramic tableware, kitchenware, other household articles and toilet articles, other than of porcelain or china: Tableware and kitchenware: Other: Other: Other: Mugs and other steins.” The rate of duty will be 10% 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