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NY I89835




January 16, 2003

CLA-2-95:RR:NC:SP:225 I89835

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Ms. Jenny Davenport
Wal*Mart Stores, Inc.
Mail Stop #0410 – L - 32
601 N. Walton
Bentonville, AR 72716-0410

RE: The tariff classification of a “Jack-O-Lantern Tea-Light Holder” from China.

Dear Ms. Davenport:

In your letter dated January 10, 2003, you requested a tariff classification ruling.

The sample submitted, Item #25682, “Jack-O-Lantern Tea-Light Holder”, is an orange terra cotta cube that measures approximately 2 inches on all sides and 2 inches in depth with a jack-o-lantern face cut-out on one side and a wire metal handle for hanging. The item is three-dimensional and designed as a candleholder for a tealight candle (not included) that, when inserted and lit, will emit light through, and illuminate, the jack-o-lantern face. The item is intended to help create a scary environment for the Halloween holiday.

Your sample is being returned as requested.

The applicable subheading for Item #25682, “Jack-O-Lantern Tea-Light Holder”, 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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