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NY 818769




CLA-2-94:RR:NC:GI: 227 818769

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Mr. Anthony Staton
Fritz Companies, Inc.
550-1 Eccles Avenue
So. San Francisco, CA 94080

RE: The tariff classification of glass candleholders from Italy.

Dear Mr. Staton:

In your letter dated January 19, 1996, on behalf of Institutional Financing Services, you requested a tariff classification ruling. Samples are being returned as requested.

The samples submitted consist of two cylindrical-shape glass candleholders, item number 2990, which measure approximately 2 inches in height. Each candleholder possesses a petal-shape lip that surrounds a top opening of 1 1/2 inches in diameter.

You claim that this merchandise should be properly classified under subheading 7013.99.3500, Harmonized Tariff Schedule of the United States (HTS), which provides for glass votive candleholders. However, since these items are not of the same class or kind of merchandise that will be used in churches for devotional purposes, consideration of classification under the above subheading is precluded.

The applicable subheading for the glass candleholders, item number 2990, will be 9405.50.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other non-electrical lamps and lighting fittings. The 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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