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NY K89961




October 18, 2004

CLA-2-94: RR: NC: 1:108 K89961

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.40

Ms. Erma Tarkington
UPS Supply Chain Solutions
516 Ligon drive
Nashville, TN 37204

RE: The tariff classification of a candleholder from China.

Dear Ms. Tarkington:

In your letter dated October 8, 2004, on behalf of your client Cracker Barrel Old Country Store, you requested a tariff classification ruling.

The item in question is a glass candleholder with a candle decorated with red, white and green stripes (sample provided). The glass candleholder is designed to hold the candle, be placed upon a table and have the candle lighted for a non-electrical illumination. It should be noted that the candle is fitted to the glass holder and not poured in as to fill the entire cavity of the holder.

The applicable subheading for the glass candleholder will be 9405.50.40, Harmonized Tariff Schedule of the United States (HTS), which provides for Non-electrical lamps and lighting fittings: Other: 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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