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NY 818540




CLA-2-94:RR:NC:GI: 227 818540

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Mr. Peter J. Fitch
Fitch, King and Caffentzis
116 John Street
New York, NY 10038

RE: The tariff classification of candleholders from Mexico.

Dear Mr. Fitch:

In your letter dated January 25, 1996, on behalf of The Pomeroy Collection, Inc., you requested a tariff classification ruling.

The merchandise at issue is candleholders that are composed of three-legged iron wrought pedestal-like bases which possess top openings designed to hold circular-shape glass inserts (candleholders). These articles consist of the following:
a) item number 943003 which has an iron base of 4 1/2 inches high;
b) item number 944000, noting sample submitted, which has an iron base of 5 1/2 inches high;
c) item number 945007 which has an iron base of 8 inches high.

Despite the differences in the height of the bases, it is noted that each base will hold a glass insert (candleholder) which measures about 3 1/2 inches high by 3 1/2 inches across its top diameter.

It is stated that the subject merchandise, designed as candleholders, will be advertised and marketed also as candleholders, noting the submission of the substantiating literature in that regard.

The applicable subheading for the instant glass candleholders with iron bases, item numbers 943003, 944000 and 945007, will be 9405.50.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other non-electrical lamps and lighting fittings. The general rate of duty will be 7 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling letter 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 George Kalkines at 212-466-5794.

Sincerely,

Roger J. Silvestri
Director,

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