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NY C85727



April 14, 1998

CLA-2-95:D13 C85727

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Ms. Lori Aldinger
Rite Aid Corporation
P O Box 3165
Harrisburg, Pa. 17105

RE: The tariff classification of a "Glass Blown Jack-0-Lantern Candle Holder", made in China.

Dear Ms. Aldinger:

In a letter dated March 16, 1998 you requested a tariff classification ruling on a Glass Blown Jack-0-Lantern Candle Holder, Rite Aid item #985949.

A sample of the candle holder was submitted with your letter. The glass Jack-o-lantern is made of orange colored glass and is trimmed with black accent wire. Your letter indicates it will be available in two sizes, 6.25" in height and, like the sample provided 8.75" in height. This sample is also approximately 6 inches in diameter at it's widest point. The opening at the top of the pumpkin is approximately 3.25" in diameter through which a votive or pillar candle may be inserted. The wire trim has been formed in certain areas into shapes that represent eyes, ears, nose and a mouth. These shapes give the article a "jack-0-lantern" style face.

As a direct result of the Midwest of Cannon Falls Inc., vs U.S. 96-1271, 1279, certain articles which were perceived to be classified elsewhere in the tariff, will now fall within the realm of "festive, carnival or other entertainment articles of Chapter 95".

The applicable subheading for the "Glass Blown Jack-0-Lantern Candle Holder", Rite Aid #985949, will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for festive, carnival or other entertainment articles including magic tricks and practical joke articles; parts and accessories thereof: other: other. The rate of duty is 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.

Sincerely,

Jeffrey R. Walgreen
Port Director

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