The tariff classification of ceramic pitchers from China.

N084218 November 20, 2009 CLA-2-69:OT:RR:NC:N4:428 CATEGORY: Classification TARIFF NO.: 6912.00.4500; 6912.00.4810 Mr. David Armbruster Garden Ridge 19411 Atrium Place Houston, TX 77084 RE: The tariff classification of ceramic pitchers from China. Dear Mr. Armbruster: In your letter dated November 12, 2009, you requested a tariff classification ruling. The merchandise under consideration consists of decorative ceramic pitchers of stoneware, as follows: item number 124028964, which measures 7 inches in height, item numbers 124028950, 124028976, and 124028992, which measure 10 inches in height, and item number 124028984, which measures 12 inches in height. All of the pitchers, with the exception of item number 124028992, are colored to provide an aged look. Your letter indicates that the value of item numbers 124028950, 124028992 and 124028984 is over $42 per dozen, and that the value of item numbers 124028964 and 124028976 is not over $42 per dozen. You have submitted photographs of the pitchers with your request. You state that the pitchers are intended to be used as decorative accent pieces for the home, and although safe for food and drink contact, are not intended for uses other than decorative. You also state that the pitchers will be displayed and sold in the home décor section of your stores, not with kitchen or food ware products. You have indicated that you believe that these products should be classified under subheading 6913.90.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Statuettes and other ornamental ceramic articles…Other.” However, they have the form of pitchers and you indicated that they are safe for use with food and drink. Items with the form of pitchers, which are safe for food or drink use, are functional articles principally used as ceramic tableware and kitchenware, not as ornamental ceramic articles. Therefore, the pitchers are precluded from classification in subheading 6913.90.5000, HTSUS. The applicable subheading for the pitchers, item numbers 124028950, 124028992 and 124028984, will be 6912.00.4500, HTSUS, which provides for “Ceramic tableware, kitchenware… other than of porcelain or china… Other… beverage servers valued over $42 per dozen.” The rate of duty will be 4.5% ad valorem. The applicable subheading for the pitchers, item numbers 124028964 and 124028976, will be 6912.00.4810, HTSUS, which provides for “Ceramic tableware, kitchenware… other than of porcelain or china... 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