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March 23, 1999

CLA-2-95:RR:NC:SP:225 D82489

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Flora Yee
Williams-Sonoma, Inc.
Att: International Operations
3250 Van Ness Ave.
San Francisco, CA 94109

RE: Classification of a Glass Festive Votive from Taiwan

Dear Ms. Yee:

In your letter dated August 19, 1998, suspended at your request pending the issuing of a Headquarters Ruling, you requested a tariff classification ruling.

The supplied sample is a glass votive in the three dimensional shape of a 2 3/4" high and 3 1/2" in diameter Jack-O-Lantern. Orange wax is poured into this clear glass container occupying approximately 1/2 inch of the height of the container. This candle, specially designed for use only in connection with Halloween and in the shape of an accepted symbol, is classifiable as festive articles. Your sample is returned as requested.

The applicable subheading for the glass pumpkins (Jack-o-lantern) votive will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for Festive, carnival or other entertainment articles, ....: 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 J. Wong at (212) 637-7028.

Sincerely,

Robert B. Swierupski
Director National Commodity

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