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NY C82746




December 23, 1997

CLA-2-94:RR:NC:2: 227 C82746

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Mr. Bernard D. Liberati
Morris Friedman & Co.
320 Walnut Street
Philadelphia, PA 19106-3883

RE: The tariff classification of a candleholder from China.

Dear Mr. Liberati:

In your letter dated December 4, 1997, on behalf of Liss Brothers, Inc., you requested a tariff classification ruling.

The sample submitted is a metal candleholder (item number 80021), measuring approximately 5 inches in height, which consists of a open steel wire body that is intended to simulate a pumpkin. It features a small cylindrical-shape metal holder, atop of its body, that is designed for the insertion of a candle. It possesses two green leafs, consisting of painted wire meshes, that are located at the bottom portion of the metal holder.

The applicable subheading for this candleholder 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 6.6 percent ad valorem, noting that the rate of duty commencing in January of 1998 will be 6.3 percent ad valorem.

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 George Kalkines at 212-466-5794.

Sincerely,

Robert B. Swierupski
Director,

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