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NY J84324




May 5, 2003

CLA-2-95:RR:NC:SP:225 J84324

CATEGORY: CLASSIFICATION

TARIFF NO. 9505.10.2500

Ms. Lori Smith
Alco Industries, Inc.
111 Melrich Road
Cranbury, NJ 08512

RE: The tariff classification of a Christmas decoration from China.

Dear Ms. Smith:

In your letter received in this office on April 30, 2003, you requested a classification ruling.

The submitted sample is identified as item number 09213, a Christmas Globe Candle Holder. The Christmas globe is filled with poured wax. It is made in the shape of a Christmas tree ornament and designed with holly leaves and berries. Although your letter of inquiry purposed that the product would be classified under subheading 9505.10.1000, this is not applicable. That subheading applies to items made of glass and upon examination of the sample you submitted, we believe that it is made of ceramic.

The sample is returned as you requested.

The applicable subheading for the Christmas decoration will be 9505.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for Festive...articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: Other: Other. The rate of duty will be free.

A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.

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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