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NY A86137



September 5, 1996

CLA-2-95:RR:NC:TP:343 A86137

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.5020

Mr. Michael Rosbach
Rite Aid Corporation
P. O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a wood wind mill candle tower from China.

Dear Mr. Rosbach:

In your letter dated August 2, 1996, you requested a tariff classification ruling.

The submitted sample is identified as Item# 96528, Christmas Wood Wind Mill Candle Tower. It is designed to look like a three tier tower. This item is composed of wood, except for the metal candle holders. It is colored white, blue, red, green, black, yellow and tan. The candles are not included with the tower. Each tier is decorated with miniature wood figures of people, angels and animals. A round rotating platform is located on the top of the first two tiers. Candle holders can be attached to the base of the tower and a propeller can be attached to the top of the tower. When the lighted candles are placed in the metal candle holders, the heat from the flame will cause the propeller to turn and rotate the platform. This item has been ruled to be traditionally associated with Christmas festivities.

The applicable subheading for the wood wind mill candle tower will be 9505.10.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for festive...articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: other, other, other. The rate of duty will be free.

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 Alice Masterson at 212-466-5892.

Sincerely,

Roger J. Silvestri
Director

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