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NY K83089





March 8, 2004
CLA-2-94:RR:NC:1:127 K83089

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Ms. Stephanie De Silva
Avon Products, Inc.
1251 Avenue of the Americas
New York, NY 10020

RE: The tariff classification of decorative candleholder sets from China.

Dear Ms. De Silva:

In your letter dated February 11, 2004, you requested a tariff classification ruling. Samples are being returned as requested.

The submitted samples consist of the following candleholder sets, item number PP1019845, that are referred to as the “Autumn Vineyard Votive Holders”: a frosted-glass goblet-styled holder that measures approximately 8 ½ inches in overall height with a top diameter of 3 inches and an interior candle depth of 2 3/8 inches, noting the candle will be resting atop a small recessed area; and a frosted-glass holder, measuring about 3 3/8 inches high, with a top diameter of 4 7/8 inches which tapers down to an interior-base diameter of 1 ¾ inches. Both candleholders contain votive-like unscented wax candles and feature grape-like designs. It is stated that these sets at the time of importation are put up in a manner suitable for sale directly to users without repacking.

The applicable subheading for these decorative glass candleholder sets 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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