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NY I80535




May 7, 2002

CLA-2-94:RR:NC:2:227 I80535

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Ms. Rita Pitts
Dillard’s, Inc.
1600 Cantrell Road
Little Rock, AR 72201

RE: The tariff classification of candleholder sets from China.

Dear Ms. Pitts:

In your letter dated April 10, 2002, you requested a tariff classification ruling. Samples are being returned as requested.

The subject merchandise, based on the submission of similarly constructed samples, consists of the following candleholders:
style number 227T2034TJ, that features a pedestal-shaped gold-colored iron holder, measuring approximately 4 ¼ inches in height with a 5 ¼ -inch top diameter, which has a candle ring of variegated glass balls affixed to its top portion;
style numbers 227T2035TJ and 227T2036TJ, that feature the same above-described iron holder and possess a candle ring of variegated glass balls affixed to their top portion;
style number 227T2037TJ, that features a tripod-shaped gold-colored iron holder, measuring about 3 ½ inches in height with a 10-inch top diameter, which has a candle ring of variegated glass balls affixed to its top portion;
style numbers 227T2038TJ and 227T2039TJ, that have the same above-described tripod-shaped iron holder and possess a candle ring of variegated glass balls affixed to their top portion.

At the time of importation, these candleholders will be retail-packed with matching-colored cylindrical-shaped candles measuring about 6 inches in height by 3 inches in diameter for the smaller holders and 6 inches in height by 6 inches in diameter for the larger holders. These candles are securely attached, via an adhesive substance, to the top receptacle area of these holders in noting each receptacle site is surrounded by a candle ring. The essential character of these articles, which are sets for tariff purposes, is imparted by the 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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