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NY K85144




May 5, 2004
CLA-2-94:RR:NC:1:108 K85144

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a glass candleholder from South Africa.

Dear Mr. Hoffacker:

In your letter dated April 13, 2004, on behalf of Ruby Ewe, Inc., you requested a tariff classification ruling. Sample is being returned as requested.

The submitted sample is a decorative glass candleholder that measures approximately 3 5/8 inches in height with an open-top diameter of 2 ¾ inches. Its exterior is decorated with painted recycled tea bags. It is stated to be primarily marketed for use as a candleholder.

The applicable subheading for this decorative glass candleholder 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.

Articles classifiable under subheading 9405.50.4000, HTS, which are products of South Africa may be entitled to duty-free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP."

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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