The tariff classification of stoneware ceramic cookie jars from China.

N241103 May 14, 2013 CLA-2-69:OT:RR:NC:N4:428 CATEGORY: Classification TARIFF NO.: 6912.00.4810; 9817.95.05 Ms. Lynn Schab Liss Global, Inc. 7746 Dungan Road Philadelphia, PA 19111 RE: The tariff classification of stoneware ceramic cookie jars from China. Dear Ms. Schab: In your letter dated April 17, 2013, you requested a tariff classification ruling. The merchandise under consideration is described as the Holiday Cookie Jar, item number 9017847. Samples of the item were submitted with your ruling request and will be returned to you. The Holiday Cookie Jar comes in two assorted styles referred to as “Giftbox” and “Boot,” both of which you state are made of stoneware ceramic. The Giftbox cookie jar measures approximately 5 inches long by 4.75 inches wide by 7 inches high at its widest points, and is shaped to resemble a three-dimensional wrapped present. The top of the present, which is decorated with holly leaves and a three-dimensional bow, forms the removable lid of the cookie jar. The Boot cookie jar measures approximately 6.5 inches long by 5 inches wide by 8 inches high, and is in the three-dimensional shape of a Santa Claus boot-style stocking stuffed with presents. The presents form the removable lid of the cookie jar. The applicable subheading for the Holiday Cookie Jar, item number 9017847 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: Other: Other: Other: Other: Suitable for food or drink contact.” The general rate of duty will be 9.8 percent ad valorem. In addition, stockings are specifically cited as an exemplar of an article traditionally used during Christmas festivities; likewise, wrapped gifts are considered to be a festive Christmas motif. Both motifs are also three-dimensional, and therefore the cookie jars are eligible for duty-free treatment in subheading 9817.95.05. 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 Nicole Sullivan at (646) 733-3028. Sincerely, Thomas J. Russo Director National Commodity Specialist Division