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February 8, 1999

CLA-2-94:RR:NC:2:227 D87260

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Ms. Kim Payton
Emery Customs Brokers
Braniff Park West
10520 East Pine St.
Tulsa, OK 74116

RE: The tariff classification of candle holders from China.

Dear Ms. Payton:

In your letter dated December 23, 1998, on behalf of Honor Books, you requested a tariff classification ruling.

The subject merchandise, based on the photos submitted, consists of the following candle holders:
a) a pillar candle holder which consists of a polyresin base that measures approximately 7 inches at its widest dimension. The base possesses fruit-like figures and a round-shaped fence (all of polyresin) into which a four-inch pillar candle (not included) will be inserted.
b) a cylindrical-shaped glass holder, measuring about 2 1/2 inches high by 1 3/4 inches along the top and bottom diameters, which is designed to contain a candle (not included). It is indicated that this holder is inserted into a polyresin base which measures nearly 5 inches in diameter and possesses floral and fruit-like figures of polyresin.

The applicable subheading for these candle holders 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 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 212-637-7073.

Sincerely,

Robert B. Swierupski
Director,

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