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NY K85077





April 26, 2004
CLA-2-73:RR:NC:N1:113 K85077

CATEGORY: CLASSIFICATION

TARIFF NO.: 7323.99.9060

Ms. Cheryl Santos
CVS Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of a candle snuffer from China

Dear Ms. Santos:

In your letter dated April 9, 2004, you requested a tariff classification ruling.

The sample you submitted is a candle snuffer made of steel and resin (item number 270420). The article has a pumpkin-shaped resin head with 2 metal leaves. Inside the pumpkin is a steel insert that will be used to extinguish a flame. The handle of the snuffer is approximately 8 inches long. There are 4 tiny resin pumpkins ornamenting the end of the handle. None of the decorations on the candle snuffer would limit its utility.

The applicable subheading for the candle snuffer will be 7323.99.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for table, kitchen or other household articles and parts thereof, of iron or steel, other, not coated or plated with precious metal, other, other, other. The rate of duty will be 3.4 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 James Smyth at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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