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NY H89619




March 27, 2002

CLA-2-95:RR:NC:SP:225 H89619

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Ms. Jenny Davenport
Wal*Mart Stores, Inc.
Mail Stop #0410 – L - 32
601 N. Walton
Bentonville, AR 72716-0410

RE: The tariff classification of a 43 Inch Glass Pumpkin Metal Stand from China.

Dear Ms. Davenport:

In your letter dated March 14, 2002, you requested a tariff classification ruling.

The sample submitted, Style #GF-2X679, 43 Inch Glass Pumpkin Metal Stand, consists of three pumpkin shaped orange glass 3-D candleholders that measure approximately 6” in height and 5” in diameter and have metal jack-o-lantern faces. The candleholders will be packaged with a metal stand that measures approximately 43” in height and 1/8” in diameter and can be screwed into a bolt on the bottom of each candleholder. The other end of the metal stand has two prongs for embedding into the ground. A candle (not included) can be placed inside the holder to illuminate the jack-o-lantern’s face. The jack-o-lantern is an accepted festive symbol of Halloween and this item is intended as a decorative article for the Halloween holiday. Your sample is being returned as requested.

The applicable subheading for Style #GF-2X679, 43 Inch Glass Pumpkin Metal Stand, will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: other: other. The rate of duty will be free.

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 Alice Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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