The tariff classification of ceramic bakeware from China.

N041176 October 14, 2008 CLA-2-69:OT:RR:NC:1:128 CATEGORY: Classification TARIFF NO.: 6912.00.4810 Ms. Francine Ramsey Hampton Direct, Inc. P.O. Box 1199 Williston, VT 05495 RE: The tariff classification of ceramic bakeware from China. Dear Ms. Ramsey: In your letter dated October 3, 2008, you requested a tariff classification ruling. The submitted sample, identified as “Set/8 Flower Baking Pots w/Wicker Baskets (Spring Colors)”, SKU #27995, consists of eight glazed ceramic mini baking flower pots, and eight wicker holders. Each baking pot measures 2¾ inches in height by 3½ inches in diameter at the top opening by 2½ inches in diameter at the bottom. The baking pots are to be used for baking muffins and mini cakes. They can be heated up to 500 degrees Fahrenheit and are dishwasher safe. The hot baking pots are placed in the wicker holders to protect hands from getting burned. Four recipes will also be included. You stated that this merchandise will be marketed to individual consumers. The applicable subheading for the “Set/8 Flower Baking Pots w/Wicker Baskets (Spring Colors)”, SKU #27995, will be 6912.00.4810, 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: Other, Suitable for food or drink contact.” The rate of duty will be 9.8% 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