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NY G84211




December 8, 2000

CLA-2-94:RR:NC:2:227 G84211

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 a candleholder with floral arrangement 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 sample submitted is a set that consists of the following: a pillar-like wax candleholder, measuring approximately 6 ½ inches in height, that incorporates a decorative ribbon of the same material around its circumference; and an artificial floral arrangement that is designed to contain this candleholder. It is stated that the top portion of the candleholder will accommodate the insertion of a tealight candle (not included).

The applicable subheading for this candleholder with floral arrangement 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.

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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