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NY H88370




March 25, 2002

CLA-2-94:RR:NC:2:227 H88370

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Ms. Camille Montante
Fritz Companies, Inc.
132nd Avenue
Jamaica, NY 11434

RE: The tariff classification of candleholder sets from China.

Dear Ms. Montante:

In your letter dated February 28, 2002, on behalf of Libra Pacific, LLC., you requested a tariff classification ruling. Samples are being returned as requested.

The samples submitted are three candleholder sets that consist of three hurricane-shaped glass candleholders measuring approximately 9 ¾ inches in height with an open top diameter of 5 ¾ inches and a bottom diameter of 4 inches. They have a flare-like open top with a straight-sided body that tapers and then flares around the bottom portion. These holders in regard to style numbers GFF403A, GFF403B, and GFF403C contain a cylinder-shaped wax candle, a three-dimensional lighthouse-shaped wax candle, and a three-dimensional sailboat-shaped wax candle, respectively, as well as a bag of glass sand in each holder. These sets, which will be imported in a retail-packed condition, have their essential character imparted by the glass candleholders.

The applicable subheading for these candleholder sets 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 646-733-3028.

Sincerely,

Robert B. Swierupski
Director,

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