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NY J86066




July 25, 2003

CLA-2-94:RR:NC:2:227 J86066

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Ms. Cheryl Santos
CVS/pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of a glass candleholder atop a cylindrical glass vessel from China.

Dear Ms. Santos:

In your letter dated July 10, 2003, you requested a tariff classification ruling. Sample is being returned as requested.

The submitted sample, referred to as the “Floating Candle in Glass Holder” (item number 245553), consists of the following components: a cylindrical glass vessel measuring approximately 6 ½ inches high with an open top diameter of 4 inches; a seasonal-related décor comprised of artificial foliage (a branch of green pine needles), artificial fruit (i.e., berries and apple) and a painted natural pinecone, all inserted into the cylindrical glass vessel; a top inverted bell-shaped glass candleholder, measuring about 3 ¼ inches across its open-top diameter (excluding its rim) by 2 inches in interior depth, that is designed to be inserted into the top portion of the cylindrical vessel; a disk-shaped candle measuring about 2 3/8 inches in diameter by 1 1/8 inches in height. It is stated that when the top glass candleholder is filled with water, the inserted candle will float.

The applicable subheading for this glass candleholder atop a cylindrical glass vessel 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.

It should be noted that importation of merchandise containing natural foliage, as in the above-described product, might be subject to regulations or restrictions administered by the Bureau of Customs and Border Protection, Animal and Plant Health Division (APHIS). You are advised, in regard to obtaining information on these regulations, to contact the aforementioned agency at the following location:

Bureau of Customs and Border Protection
APHIS
Plant Protection and Quarantine Permit Unit 4700 River Road, Unit 136
Riverdale, MD 20737-1236
Telephone number: 877-770-5990

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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