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NY I85115




August 12, 2002

CLA-2-95:RR:NC:SP:225 I85115

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

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

RE: The tariff classification of Halloween candleholders from China.

Dear Ms. Weinberg:

In your letter dated August 5, 2002, on behalf of your client, Alco Industries, Inc., you requested a tariff classification ruling.

You submitted the following photographs of Halloween candleholders:

Item #11000, Pumpkin Face Votive Candleholder, is a candleholder in the shape of a three dimensional pumpkin with a jack-o-lantern face and wearing a black witch hat. The candleholder is designed to hold a tealight candle (not included) that, when inserted and lit, will illuminate the jack-o-lantern.

Item #11001, S/2 Pumpkin Candleholders W/Ghost, consists of a three dimensional pumpkin with a jack-o-lantern face that is decorated with a 3-D ghost sitting on top of the pumpkin. The candleholder is designed to hold a tealight candle (not included) that, when inserted and lit, will illuminate the jack-o-lantern. The candleholder will be imported in a set of two.

Item #11004, Large Halloween Skull Candleholder, is a candleholder in the shape of a three dimensional skeleton skull wearing a grim reaper style hood and cape. The candleholder is designed to hold a tealight candle (not included) that, when inserted and lit, will illuminate the skull.

Item #11006, Oval/Tall Jack O’ Lantern Candleholder, is a candleholder in the shape of a three dimensional oval pumpkin with a jack-o-lantern face. The candleholder is designed to hold a tealight candle (not included) that, when inserted and lit, will illuminate the jack-o-lantern.

Item #11007, Round/Wide Jack O’ Lantern Candleholder, is a candleholder in the shape of a three dimensional pumpkin with a jack-o-lantern face. The candleholder is designed to hold a tealight candle (not included) that, when inserted and lit, will illuminate the jack-o-lantern.

The applicable subheading for Item #11000, Pumpkin Face Votive Candleholder, Item #11001, S/2 Pumpkin Candleholders W/Ghost, Item #11004, Large Halloween Skull Candleholder, Item #11006, Oval/Tall Jack O’ Lantern Candleholder, and Item #11007, Round/Wide Jack O’ Lantern Candleholder, 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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