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NY F87431




June 8, 2000

CLA-2-94:RR:NC:2:227 F87431

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.3000

Ms. Elena Atanasovska
Limited Distribution Services
Seven Limited Parkway
Reynoldsburg, OH 43068

RE: The tariff classification of a brass candleholder from India.

Dear Ms. Atanasovska:

In your letter dated May 12, 2000, you requested a tariff classification ruling. Sample is being returned as requested.

The sample submitted is a round-shaped silver-plated brass candleholder with wooden base, style number 22263, that measures approximately 1 3/8 inches in height with a top diameter of 6 inches and a base diameter of 5 ΒΌ inches. It features a plate-like receptacle with a spike situated at its midsection for containing a candle (not included).

You suggest that this item is properly classified under subheading 7418.19.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for table, kitchen or other household articles and parts thereof, of copperother, coated or plated with precious metals. However, since this article is specially provided for elsewhere as a non-electrical lamp, consideration of classification under subheading 7418.19.1000, HTS, is precluded.

The applicable subheading for this brass candleholder, style number 22263, will be 9405.50.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for other non-electrical lamps and lighting fittings, of brass. The rate of duty will be 5.7 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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