CLA-2-94:RR:NC:2:227 D81196
Mr. Randall Clifford
Studio 55
55 Ranchero Green NW
Calgary, Alberta, T3G 1C5
Canada
RE: The tariff classification and status under the North
American Free Trade Agreement (NAFTA), of ceramic
candleholders, decorative articles and tableware from
Canada.
Dear Mr. Clifford:
In your letter received in this office on August 3, 1998,
you requested a ruling on the status of ceramic candleholders,
decorative articles and tableware from Canada under the NAFTA.
The subject merchandise consists of the following articles:
a) candleholders, known as the Enviro-Lites, which are
made up of ceramic holders which measure approximately
7 inches in diameter and 2 1/2 inches in height. It
is noted that each holder is affixed to a metal stand.
Along with this lamp, there is stated to be a pack of
pre-printed safety matches and a wick of 3 feet in
length.
b) a ceramic rice bowl of stoneware which measures about
6 inches in diameter and a pair of chopsticks.
c) ceramic vases and plates of Raku earthenware.
d) ceramic dinner plates and side dishes of stoneware.
It is stated that the instant merchandise, excluding the
chopsticks, is wholly produced in Canada.
The applicable subheading for the candleholders (excluding
matches and wick) will be 9405.50.4000, Harmonized Tariff
Schedule of the United States (HTS), which provides for other
non-electrical lamps and lighting fittings. The general rate of
duty will be 6.3 percent ad valorem.
The applicable subheading for the ceramic rice bowl will be
6912.00.4810, Harmonized Tariff Schedule of the United States
(HTS), which provides for other ceramic tableware...other than of
porcelain or china: suitable for food or drink contact. The
general rate of duty will be 10.1 percent ad valorem.
The appropriate subheading for the decorative ceramic vases
of Raku earthenware will be 6913.90.5000, HTS, which provides for
other ornamental ceramic articles. The general rate of duty will
be 6.2 percent ad valorem.
Your inquiry does not provide enough information for us to
give a classification ruling on the matches, the wick, the
chopsticks associated with the rice bowls, the Raku plates, and
the stoneware dinner plates and side dishes. Your request for a
classification ruling should include the following:
a) catalog and/or marketing literature that will verify
the manner in which the matches and wick are imported,
advertised and sold, i.e., retail-packed with the
candleholders or sold separately.
b) catalog and/or marketing literature that will verify
the manner in which the chopsticks are imported,
advertised and sold, i.e., retail-packed with the rice
bowls or sold separately.
c) photos of the Raku earthenware plates indicating
how these items will be principally used (i.e., for
decorative or tableware purposes) in substantiating
their use via catalog and/or marketing literature.
If for tableware use, please identify the type of
plates (i.e., dinner, vegetable or bread plate), in
addition to providing the sizes and fob/entered
values of the plates.
d) photos of the stoneware dinner plates and side dishes
indicating their sizes and entered/fob values as well
as how they will be principally used (i.e., dinner
plates may be used for salads, bread and butter
dishes, et cetera, while the generic term of side
dishes may encompass such ware as vegetable or pasta
dishes).
The ceramic candleholder, rice bowl and decorative vases,
being wholly obtained or produced in the territory of Canada,
will meet the requirements of HTSUSA General Note 12(b)(i), and
will therefore be entitled to a free rate of duty under NAFTA
upon compliance with all applicable laws, regulations, and
agreements.
Pursuant to Part 181 of the Customs Regulations (19 C.F.R.
181), a request for a ruling on the status of the wooden
chopsticks under NAFTA must provide sufficient detail to permit
proper application of the relevant NAFTA provisions. In this
case, we will require additional information in order to issue a
ruling.
Please provide documentation verifying the source of origin
for the chopsticks in noting that you have stated that this item
was imported into Canada and not produced there.
This ruling is being issued under the provisions of Part 181
of the Customs Regulations (19 C.F.R. 181).
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 212-466-5794.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division