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NY K89194




September 21, 2004

CLA-2-94:RR:NC:1:108 K89194

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Ms. Kathy Seamands
Compass Sourcing
GM, Asia
No. 217 Yueyang Road, Ste. 304
Shanghai, China 200031

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

Dear Ms. Seamands:

In your letter dated August 27, 2004, on behalf of Glassybaby LLC, you requested a tariff classification ruling.

The submitted sample is a candleholder set that consists of a non-transparent white-colored round-shaped glass candleholder with a votive-like candle. The candleholder measures approximately 3 ½ inches in height with an open-top diameter of 2 inches, an interior depth of 2 ¾ inches, and an interior-base diameter of 1 ¼ inches. The candle measures about 2 inches long by 1 ½ inches in diameter. It is stated that this candleholder set at the time of importation will be put up in a manner suitable for sale directly to users without repacking. It is noted that the essential character of the set is imparted by the candleholder.

The applicable subheading for this candleholder set 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).

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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