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HQ 957457




January 27, 1995

CLA-2 CO:R:C:M 957457 MMC

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.40

Mr. Sid Berkowitz, President
Jane Products
235L Robbins Lane
Syosset, NY 11791

RE: Pre-classification 895431 concerning glassware; Superseded

Dear Mr. Berkowitz:

This is in reference to pre-classification (PC)895431 dated March 21, 1994, in which you were advised by the District Director of Customs, Ogdensburg, NY, of the classification of various glass articles under the Harmonized Tariff Schedule of the United States (HTSUS). As you are aware, in PC 895431 the District Director classified several candle holders. Among them were your item numbers 2253, 2254, and 2244 which appeared in PC 895431 as numbers 293, 294, and 266.

After reviewing the pre-classification decision, we have determined that the articles identified by the specified numbers were inadvertently classified under subheading 7013.39.20, HTSUS, which provides, in pertinent part, for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 7010 or 7018) (con.): glassware of a kind used for table (other than drinking glasses) or kitchen purposes other than that of glass-ceramics: other: other: valued not over $3 each.

These articles are properly classifiable under subheading 9405.50.40, HTSUS, which provides for lamps and lighting fittings including searchlights and spotlights and parts thereof, not elsewhere specified or included; illuminated signs, illuminated nameplates and the like, having a permanently fixed light source, and parts thereof not elsewhere specified or included (con.): non-electrical lamps and lighting fittings: other. For a detailed explanation of the classification of similar glass candle holders under this subheading, please see Headquarters Ruling Letter 956108 dated May 16, 1994. The current rate of duty is 7.3 % ad valorem.

Therefore, PC 895431 is superseded to reflect these corrections. Please contact Mary Beth McLoughlin, of my staff, at (202) 482-7062, should you have questions.

Sincerely,

John Durant, Director
Commercial Rulings Division

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