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NY I80626




May 2, 2002

CLA-2-94:RR:NC:2:227 I80626

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Ms. Alice Liu
Atico International USA, Inc.
501 South Andrews Avenue
Ft. Lauderdale, FL 33301

RE: The tariff classification of candleholder sets from China.

Dear Ms. Liu:

In your letter dated April 4, 2002, you requested a tariff classification ruling. Samples are being returned as requested.

The samples submitted consist of the following candleholders:
item number W74T2031A, that features a round-shaped black metal candle base, measuring approximately 3 ¾ inches in diameter, which possesses a circular bundle of secured grape vines attached to its border and artificial beaded red-colored berries with leaves affixed to the grape vines;
item number W74T2031B, that features the same above-described metal candle base and possesses a circular artificial vine of paper-covered wire attached to its border, in addition to burgundy-colored berries with glass-sand finish and velvet leaves affixed to the artificial vine;
item number W74T2051, that features the same above-described metal candle base and possesses a circular bundle of secured grape vines attached to its border, as well as red ribbons with gold trimming and artificial foliage and fruits with glitter affixed to the grape vines.

It is stated that these holders at the time of importation will be retail-packed with matching-colored cylindrical-shaped candles measuring about 3 inches in height by 3 inches in diameter. 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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