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NY K82209




January 29, 2004
CLA-2-94:RR:NC:1:127 K82209

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Ms. Tina DePriest
Wal-Mart Stores, Inc.
601 N. Walton
Bentonville, AR 72716-0410

RE: The tariff classification of a decorative-candleholder centerpiece from China.

Dear Ms. DePriest:

In your letter dated December 30, 2003, you requested a tariff classification ruling. Sample is being returned as requested.

The subject merchandise, based on the submitted sample, is a decorative-candleholder centerpiece (stock number ML1165). It consists of a ring-shaped iron base, measuring approximately 6 ½ inches in diameter, and six tubular-shaped iron posts, which are incorporated around the base, with small cylinder-like iron receptacles measuring about 1 7/8 inches across their open-top diameter. Three of these iron holders measure nearly 5 5/8 inches in overall height and the remaining three holders measure about 3 inches in overall height, noting the taller ones alternate with the smaller ones around the base. This article features six amber-colored glass holders, which measure nearly 1 ¾ inches high with an open-top diameter of 2 ¼ inches and an interior-base diameter of 1 ½ inches, that are stated to be designed for containing tealight candles (not included). There is also a wire-like wreath, consisting of artificial berries, leaves and vegetables, that is inserted within the ring-shaped base.

The applicable subheading for this decorative-candleholder centerpiece 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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