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NY I85249





August 14, 2002

CLA-2-95:RR:NC:SP:225 I85249

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 9, 2002, on behalf of your client, Alco Industries, you requested a tariff classification ruling.

You submitted the following photographs:

Item #9087, Halloween Garden Stick With T-Light Holder – Metal, consists of a set of jack-o-lantern shaped candleholders illuminated with tealight candles (not included) that are attached to yard stakes and stuck into the ground along a walkway or path and displayed as a scary outdoor decoration for the Halloween holiday.

Item #9089, Metal Candle Lamp With Halloween Design, consists of three designs of metal candleholders in the shapes of lamps. The first design has its lamp pole decorated with a witch and bats and its shade has bat cutouts that are illuminated by a tealight candle (not included). The second design has its lamp pole decorated with jack-o-lanterns and its shade has jack-o-lantern cutouts that are illuminated by a tealight candle (not included). The last design has its lamp pole decorated with a black cat and jack-o-lanterns and its shade has moon and star cutouts that are illuminated by a tealight candle (not included).

Item #9092, Metal Tealight Candle Holder With Halloween Design In Polybag, consists of a set of tin candleholders in the shape of a ghost, a jack-o-lantern, a witch on a broom and a black cat that are illuminated by placing a tealight candle (not included) behind them. These candleholders are intended as outdoor lawn decorations to create a scary environment for the Halloween holiday.

Item #9093 Metal Tealight Candle Holder With Halloween Pumpkin Design, consists of four designs of candleholders in the shapes of three-dimensional jack-o-lanterns that are illuminated by tealight candles (not included). Each candleholder is attached to a metal chain for hanging as a wall decoration to help create a scary environment for the Halloween holiday.

The applicable subheading for Item #9087, Halloween Garden Stick With T-Light Holder – Metal, Item #9089, Metal Candle Lamp With Halloween Design, Item #9092, Metal Tealight Candle Holder With Halloween Design In Poly Bag, Item #9093 Metal Tealight Candle Holder With Halloween Pumpkin Design, 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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