The tariff classification of ceramic wine fermentation vessels (Kvevri) from Georgia.

N109025 June 18, 2010 CLA-2-69:OT:RR:NC:N4:428 CATEGORY: Classification TARIFF NO.: 6909.90.0000 Mr. Stuart Madany Castle Hill Cider, LLC 6065 Turkey Sag Road Keswick, VA 22947 RE: The tariff classification of ceramic wine fermentation vessels (Kvevri) from Georgia. Dear Mr. Madany: In your letter dated June 7, 2010, you requested a tariff classification ruling. The merchandise under consideration consists of ceramic (terra cotta) wine fermentation vessels (Kvevri) for use in the production of hard cider. Five 1,300 liter capacity vessels, each measuring 1.82m high by 1.2m in diameter and weighing approximately 200 kilograms; and four 200 liter capacity vessels, each measuring 1.05m high by .7m in diameter and weighing approximately 80 kilograms, constitute the potential shipment. They will be imported empty. These vessels are traditional wine fermentors which are used buried in the ground. This process dates back 7,000 years. The vessels are made from dug clay and kiln fired. They are hand made in Georgia, where only 3 remaining artisans continue to make them in the traditional manner. The vessels are unglazed and are lined with beeswax, which is sealed during the fermentation process. You have submitted photographs of the vessels. In general they have the appearance of amphorae with no handles. The applicable subheading for the ceramic wine fermentation vessels (Kvevri) will be 6909.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Ceramic wares for laboratory, chemical or other technical uses; ceramic troughs, tubs and similar receptacles of a kind used in agriculture; ceramic pots, jars and similar articles of a kind used for the conveyance or packing of goods: Other.” The rate of duty will be 4% ad valorem. Articles classifiable under subheading 6909.90.0000, HTSUS, which are products of Georgia 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/. 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