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NY I81177




May 3, 2002

CLA-2-95:RR:NC:2:222 I81177

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.1000; 9505.10.2500

Stacy L. Weinberg
Grunfeld, Desiderio, Lebowitz,
Silverman & Klestadt LLP
245 Park Avenue, 33rd Floor
New York, New York 10167-3397

RE: The tariff classification of two styles of Christmas candleholders and one Christmas lantern from China.

Dear Ms. Weinberg:

In your letter dated April 22, 2002, you requested a tariff classification ruling, on behalf of Alco Industries, Inc., your client.

You are requesting the tariff classification on two styles of decorative glass Christmas candleholders and one metal Christmas lantern that also holds a candle. Style numbers 9153AST and 9196B are decorative Christmas candleholders composed of glass, designed exclusively for use during the Christmas holiday season. Style 9153AST is available in three different versions of a circular candleholder that has a space for a tea light candle in the back of each version. This assortment features designs that are associated with Christmas, such as holly berry and poinsettia designs. Style 9196B features a red and white Santa Clause face painted on the front with a mirror behind the Santa Clause design. Style 9196B may also be illuminated with a tea light candle. Style 9183 is a metal Christmas lantern, designed to hold a tea light candle, with stained glass panes that depict Christmas candles with holly berry designs. The holly berry design is a traditional Christmas motif. All of the aforementioned styles will be classified in Chapter 95 of the HTSUSA as decorative festive articles. Colored illustrations were provided, in lieu of samples that were previously viewed by this office.

The applicable subheading for the decorative Christmas glass candleholders, styles 9153AST and 9196B, will be 9505.10.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: Of glass.” The rate of duty will be free.

The applicable subheading for the Christmas lantern, Style 9183, will be 9505.10.2500, Harmonized Tariff schedule of the United States (HTS), which provides for “Articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: 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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