The tariff classification of ceramic tableware sets from Thailand.

N030062 June 9, 2008 CLA-2-69:OT:RR:E:NC:1:128 CATEGORY: Classification TARIFF NO.: 6912.00.4810 Mr. Troy Crago Atico International USA, Inc. 501 South Andrews Avenue Fort Lauderdale, FL 33301 RE: The tariff classification of ceramic tableware sets from Thailand. Dear Mr. Crago: In your letter dated June 4, 2008, you requested a tariff classification ruling. The merchandise under consideration is identified as Ceramic Snack Dish Sets as follows: Item Number A039NA00286 consists of two square ceramic dishes, each measuring 4” x 4” x 1 3/8”, one rectangular ceramic dish measuring 2 3/8” x 6 ¾” x 1”, and one rubberwood tray measuring 8 ¼” x 11” x ¾”. The items are packaged together for retail sale. Item Number A039NA00287 consists of three round ceramic dishes, each measuring 2 ¾” in diameter by 1 ¼” in height, and one rubberwood tray measuring 2 ¾” x 9 ¼” x 5/8”. The items are packaged together for retail sale. Item Number A039NA00288 consists of three rectangular ceramic dishes, each measuring 4” x 6.75” x 1”, and one rubberwood tray measuring 7.5” x 14” x 0.75”. The items are packaged together for retail sale. Product details and specifications for each item were submitted with your request. The Explanatory Notes to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X to GRI 3(b) provides that the term “goods put up in sets for retail sale” means goods that: (a) consist of at least two different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking. Goods classifiable under GRI 3(b) are classified as if they consisted of the material or component which gives them their essential character, which may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article. The Ceramic Snack Dish Sets are in each case a set for tariff classification purposes, with the essential character imparted by the ceramic dishes. The applicable subheading for the ceramic tableware sets, identified as Ceramic Snack Dish Sets, Item Numbers A039NA00286, A039NA00287 and A039NA00288, will be 6912.00.4810, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Ceramic tableware, kitchenware… other than of porcelain or china: Tableware and Kitchenware: Other… Suitable for food or drink contact.” The rate of duty will be 9.8% ad valorem. Articles classifiable under subheading 6912.00.4810, HTSUS, which are products of Thailand, are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term “GSP”. 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