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NY K84059




April 7, 2004
CLA-2-94:RR:NC:1:108 K84059

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of candleholder sets from China.

Dear Ms. Aldinger:

In your letter dated March 8, 2004, you requested a tariff classification ruling. Samples are being returned as requested.

The submitted samples are two candleholder sets, item number 935835. Each set consists of a decorative tripod-shaped steel candleholder, measuring approximately 7 ¾ inches in height, with a ring-shaped base. They are decorated with two-dimensional steel leaves, as well as two steel acorn-shaped figures and three plastic beads. Each holder also has an incorporated top disk-shaped steel receptacle with a spike for securing a candle. One holder features an acorn-shaped candle measuring about 3 ½ inches high, and the other holder has a candle in the form of yarns in a ball measuring about 3 inches high. It is stated that this merchandise at the time of importation is put up in a manner suitable for sale directly to users without repacking. The essential character of these sets is found to be imparted by the metal candleholders.

The applicable subheading for these 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 Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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