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NY I89484




January 24, 2003

CLA-2-94:RR:NC:2:227 I89484

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000; 7013.99.8000

Ms. Jodi Gracey
Kohl’s Department Stores
N56 W17000 Ridgewod Drive
Menomonee Falls, WI 53051

RE: The tariff classification of a glass candleholder and glass vase from Poland.

Dear Ms. Gracey:

In your letter dated December 31, 2002, you requested a tariff classification ruling. Samples are being returned as requested.

The submitted samples consist of the following:
a hurricane-shaped glass candleholder, style number 17-1173, that measures approximately 5 7/8 inches in height with an open top diameter of 4 ¼ inches and an interior base diameter of nearly 2 inches;
a large glass vase (style number 17-2159), valued at $3.60 each, that measures about 10 inches in height with a top diameter of 5 inches and an interior convex-like base diameter of 4 inches. The applicable subheading for the hurricane-shaped glass candleholder, style number 17-1173, 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.

The applicable subheading for the glass vase, style number 17-2159, will be 7013.99.8000, HTS, which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposesother glassware: other: other: other: valued over $3 but not over $5 each. The rate of duty will be 11.7 percent ad valorem.

Articles classifiable under subheading 9405.50.4000, HTS, which are products of Poland may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB", click on “Files”, click on “Search” and then enter a key word search for the term "T-GSP".

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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