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NY J83484




May 6, 2003

CLA-2-94:RR:NC:2:227 J83484

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of candleholders inside pumpkin-shaped articles from China.

Dear Mr. Hoffacker:

In your letter dated April 21, 2003, on behalf of Big Lots Stores, Inc., you requested a tariff classification ruling. Samples are being returned as requested.

The submitted samples (item numbers GZZ-3453A and GZZ-3453B) are hollowed pumpkin-shaped glass articles, measuring about 5 1/2 and 5 inches in height, respectively, that are decorated with exterior metal wiring. Each has a metal frame candleholder, which is designed to be inserted into the glass article’s top opening, that has two prongs suspending a cylindrical-shaped candle receptacle. There is a ring-shaped attachment, incorporated at the top of the prongs, with a crossbar that assists in securing the candleholder. Two bat-shaped leaves and a spring-shaped stalk of metal are affixed to the top of the candleholder’s metal frame. The subject merchandise that is similarly constructed differs only in size.

The applicable subheading for the candleholders inside pumpkin-shaped articles 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.

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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