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NY D81603




September 23, 1998

CLA-2-95:RR:NC:SP:222 D81603

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.5020

Ms. Kristen Gibson
Bath & Body Works
7 Limited Parkway East
Reynoldsburg, OH 43068

RE: The tariff classification of a Christmas candle holder from China.

Dear Ms. Gibson:

In your letter dated August 20, 1998, you requested a tariff classification ruling.

The submitted sample is identified as style #11659, Christmas ornament taper candle holder. This article is composed of hand painted glass with a metal top. The holder is shaped like a Christmas bulb ornament and it is painted with winter designs. The top of the ornament has an opening used to insert a taper candle. This ornament measures approximately 3-1/2" high and 2-1/2" in diameter. The open bottom of the ornament allows this item to be placed on a flat surface. We believe that the Christmas bulb ornament design imparts the essential character of this article.

The sample is returned as you requested.

The applicable subheading for the Christmas ornament will be 9505.10.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for Christmas festivities and parts and accessories thereof: 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,

Robert B. Swierupski
Director,

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