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NY H84455





August 28, 2001

CLA-2-94:RR:NC:2:227 H84455

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 wax candleholder from China.

Dear Mr. Somerville:

In your letter dated August 9, 2001, on behalf of TheoDirect International, Inc., you requested a tariff classification ruling.

The sample submitted is a wax pillar-shaped candleholder, measuring approximately 6 ½ inches in height, that incorporates a decorative ribbon of the same material around its circumference. It also features a top opening, possessing an insert composed of aluminum foil with paper backing, that is designed for the insertion of a tea light candle (not included).

The applicable subheading for this wax candleholder 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.

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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