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NY K87793





July 27, 2004
CLA-2-94:RR:NC:1:108 K87793

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Ms. Jill Simmons
International Trade Consultants, Inc.
P.O. Box 20160
Charleston, SC 29413-0160

RE: The tariff classification of a glass candleholder from China.

Dear Ms. Simmons:

In your letter dated July 1, 2004, on behalf of the TLC Candle Corporation, you requested a tariff classification ruling. Sample is being returned as requested.

The submitted sample is a cylindrical-shaped glass candleholder that measures approximately 5 ¾ inches in height with an open-top diameter of 2 ¾ inches. There is an elongated wick, measuring nearly 6 inches long, that originates from either Germany or the United States. It is stated that this type of wick is then shipped to China where it is permanently affixed to the interior base of the holder. This article also features a top glass lid with a plastic seal to ensure a tight closure in noting that these holders may or may not be entered with a lid. It is stated that after importation this candleholder will be shipped to a candle-pouring facility.

You state that this merchandise is properly classified under subheading 7010.90.50, Harmonized Tariff Schedule of the United States (HTS), which provides for carboys, bottles, flasks, jars, pots, vials, ampoules and other containers, of glass, of a kind used for the conveyance or packing of goods; preserving jars of glass; stoppers, lids and other closures, of glass, other, other, other containers (with or without their closures). However, since this article is more specifically provided for elsewhere, consideration of classification under subheading 7010.90.50, HTS, is precluded.

The applicable subheading for this 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. 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 at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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