CLA-2-69:OT:RR:NC:N4:428
Ms. Jill Stavos
Bic Advertising Promotional Products
5151 Moundview Drive
Red Wing, MN 55066
RE: The tariff classification of a stoneware ceramic tumbler from China.
Dear Ms. Stavos:
In your letter dated January 14, 2013, you requested a tariff classification ruling.
The merchandise under consideration is described as the Double Wall Ceramic Tumbler with Lid, item number 45850. A sample was submitted with your ruling request and will be returned to you. The tumbler is made of stoneware ceramic which resembles a traditional paper coffee cup in design, and does not have a handle. It measures approximately 5.25 inches high by 3.5 inches in diameter at its lip, tapering to a base 2.25 inches in diameter. This tumbler is capable of containing up to 11 ounces of liquid, and features a double-walled construction in order to insulate the beverage. The cup is fitted with a removable and reusable silicone lid which features a cutout, allowing the user to sip the contained liquid without removing the lid.
After importation, your company prints logos or other advertising on the tumblers as requested by your customers, which consist wholly of advertising distributors. You state you do not sell the tumblers to professional food service establishments such as hotels, bars, restaurants, mess halls or coffee shops, nor do you sell to any hospitality or food service wholesale distributors. You further state that these tumblers are designed and sold for use in the home.
The applicable subheading for the Double Wall Ceramic Tumbler with Lid, item number 45850, will be 6912.00.4100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Ceramic tableware…Tableware and kitchenware: Other: Other: Steins with permanently attached pewter lids…tumblers and salt and pepper shakers.” The general rate of duty will be 3.9 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).
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.
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,
Thomas J. Russo
Director
National Commodity Specialist Division