The tariff classification of a ceramic Easter egg canister from China.

N025399 April 2, 2008 CLA-2-69:OT:RR:E:NC:1:128 CATEGORY: Classification TARIFF NO.: 6912.00.4810; 9817.95.05 Mr. Troy Crago Atico International USA, Inc. 501 South Andrews Avenue Fort Lauderdale, FL 33301 RE: The tariff classification of a ceramic Easter egg canister from China. Dear Mr. Crago: In your letter dated March 27, 2008, you requested a tariff classification ruling. The merchandise under consideration is identified as Easter Egg Canister, Item Number A081TA00013. The canister is made of dolomite ceramic and measures approximately 5” in diameter by 6.5” in height. It is available in six decorated Easter egg embossed hand-painted designs with pearlized finish and is intended for sale during and for the Easter holiday. You indicate that the item is suitable for food contact and designed for kitchen use. You have submitted product details and a photograph of the canister with your request. The ceramic Easter egg canister is classifiable in 6912.00.4810, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Ceramic tableware…other than of porcelain or china…Other, Suitable for food or drink contact.” However, this item is in the form of a three-dimensional representation of a symbol or motif clearly associated with a specific holiday in the United States, and therefore, is eligible for duty-free treatment in subheading 9817.95.05, HTSUS.     The applicable subheading for the ceramic Easter egg canister, Item Number A081TA00013, will be 9817.95.05, HTSUS, which provides for “Articles classifiable in subheadings 6912.00…the foregoing meetings the descriptions set forth below: Utilitarian articles in the form of a three-dimensional representation of a symbol or motif clearly associated with a specific holiday in the United States.” The rate of duty will be Free. 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