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NY L80185




October 18, 2004

CLA-2-94: RR: NC: 1:108 L80185

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.40

Mr. Shachar Gat
Shonfeld’s USA, Inc.
3100 South Susan Street
Santa Ana, CA 92704

RE: The tariff classification of a wax candle holder.

Dear Mr. Gat:

In your letter dated October 6, 2004 you requested a tariff classification ruling.

The item in question is a wax candleholder. It is 6 x 10 inches colored blue and is in the shape of a vase. It is made of wax and is specifically designed to hold a candle. Its interior base is carved to hold a specially sized candle so that the item can be placed upon a table and serve as a non-electrical lamp.

The applicable subheading for the wax 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 general 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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