The Product
- Earthenware tableware made to hold and serve candy and beverages, safe for food contact.
- Three candy bowls and a candy server: two resemble ghosts, one is a jack-o-lantern, and one has ghost designs around its rim.
- An orange jack-o-lantern teapot with a lid shaped like a witch's hat, for beverages.
- Marketed and sold during the Halloween season.
CBP's Ruling
| Item | HTS code | CBP's description of the line |
|---|---|---|
| Five ceramic earthenware tableware articles | HTS 6912.00.4810 | 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 same five articles, reported with the line above | HTS 9817.95.05 | articles classifiable in subheadings 6912.00….the foregoing meeting the descriptions set forth below: utilitarian articles in the form of a three-dimensional representation of a symbol or motif clearly associated with a specific holiday in the United States |
Explanation
Heading 6912 names ceramic tableware other than porcelain or china. The pieces are earthenware, made to hold and serve candy and beverages, and safe for food contact; the line CBP chose covers other tableware and kitchenware suitable for food or drink contact.
Each piece carries a Halloween motif, and CBP found Halloween is a recognized holiday. The pieces therefore also meet 9817.95.05, the line for utilitarian articles shaped as a three-dimensional symbol or motif of a specific US holiday. U.S. Note 1 to Chapter 98 says an article described in a Chapter 98 provision is classified there when its conditions are met, and GRI 3(a)'s relative-specificity rule doesn't apply. Under Statistical Note 1(a) of Chapter 98 Subchapter XVII, both lines are reported.
Does this apply to your product?
It likely does if you can answer yes to each of these:
- Is it ceramic tableware, other than porcelain or china?
- Is it made to hold or serve food or drinks and safe for food contact?
- Is it shaped as a ghost, jack-o-lantern or other symbol of a specific US holiday?
A no to any of them can mean a different code. A licensed broker can classify your product.
The code today
| HTS code | In today's schedule | Where it sits | Today's duty |
|---|---|---|---|
| 6912.00.4810 | ✓ Still in the schedule | Heading 6912 › Suitable for food or drink contact | Today's duty from China |
Checked against today's tariff schedule. The duty calculator opens with the code and country filled in.
Related rulings
N325260, J87316, E82667 and E82668 also put ceramic tableware on 6912.00.4810. F84877, I86786, L83555 and H80067 classify ceramic tableware on other lines of heading 6912.
- N325260April 11, 2022Ceramic tableware from China6912.00.4810
- F84877April 19, 2000Ceramic tableware from China6912.00.4500
- I86786October 28, 2002Ceramic tableware from China6912.00.2000
- J87316July 22, 2003Ceramic tableware from China6912.00.4810
- L83555April 15, 2005Ceramic tableware from China6912.00.4400
- E82667June 11, 1999Ceramic tableware from China6912.00.4400, 6912.00.4810
- E82668June 11, 1999Ceramic tableware from China6912.00.4400, 6912.00.4810
- H80067May 7, 2001Ceramic tableware from China6912.00.4400, 6912.00.4500
Borderless, a licensed U.S. customs brokerage, summarized CBP ruling N349927 in plain English and checked its codes against the letter and today's tariff schedule. A ruling applies only to goods that match its facts; our terms explain the rest. Terms