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NY G84210




December 8, 2000

CLA-2-94:RR:NC:2:227 G84210

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Mr. Bob Somerville
F.C. Gerlach & Co., Inc.
290 Central Avenue, Ste. 105
Lawrence, NY 11559

RE: The tariff classification of glass candleholders from China.

Dear Mr. Somerville:

In your letter dated November 9, 2000, on behalf of TheoDirect International, Inc., you requested a tariff classification ruling.

The samples submitted consist of the following glass articles:
a red-colored tulip-shaped frosted glass candleholder, style number SM9299, which measures approximately 2 ¾ inches in height with an open top diameter of 2 ¼ inches and an interior base diameter of 1 1/8 inches.
a green-colored flowerpot-shaped frosted glass candleholder, style number SM9245, which measures approximately 2 5/8 inches in height with an open top diameter of 2 ½ inches and an interior base diameter of 1 ¼ inches.
an orange-colored bell-shaped glass candleholder, style number SM9246, which measures approximately 3 ½ inches in height with an open top diameter of 2 ¾ inches and an interior base diameter of 1 ¼ inches. Its body is encompassed by lengthwise transparent wavy-like motifs.
a cylinder-shaped frosted glass candleholder, style number SM9275, which measures about 3 inches in height with an open top diameter and a base diameter of 2 ¼ inches. Its exterior is decorated with 4 jewel-like glass pieces, encircling its midsection and measuring about 1 inch in length, that are encompassed by a string crisscrossing around the circumference, in addition to another string circling the rim.
flower-shaped glass candleholders, style numbers SM9279 and SM9290, which measure about 1 ¾ inches in height by 5 1/8 inches at the widest point with the interior base measuring nearly 1 1/8 inches in diameter. The subject candleholders, being green and light purple-colored, respectively, feature a rim of six petals extending outward.
a light blue-colored glass candleholder, style number SM9274, which measures about 1 ½ inches in height by 4 ½ inches at its widest dimension with an interior base of 1 ½ inches. It features a rim that is scalloped in such a manner to impart the effect of a flower petal-like exterior.

The applicable subheading for these glass candleholders, excepting style number SM9275, will be 9405.50.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other non-electrical lamps and lighting fittings, other. The rate of duty will be 6 percent ad valorem in noting that the rate of duty will remain the same commencing in January of 2001.

Your inquiry does not provide enough information for us to give a classification ruling on style number SM9275. Your request for a classification ruling should include descriptive literature and/or catalog indicating how this item is being marketed and sold. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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