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NY L81709




January 19, 2005

CLA-2-70:RR:NC:1:126 L81709

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.99.8000

Mr. Troy D. Crago
Atico International USA, Inc.
501 South Andrews Avenue
Ft. Lauderdale, FL 33301

RE: The tariff classification of a decorative glass article from China

Dear Mr. Crago:

In your letter dated December 29, 2004, you requested a tariff classification ruling. Two representative samples of the items you wish to import were submitted with your ruling request. These samples are being returned to you as requested.

Item #W072MA00934 is described as a “Snowman Candle Holder”. The item is a decorative stained glass article in the form of a snowman figurine. The snowman is framed in gold-colored metal. A round metal holder, which is designed to accommodate a tealight candle, is attached to the back of the article. The snowman figurine measures approximately 9 inches in height by 4 ½ inches in width at its broadest point by 2 ½ inches in diameter at the base. You stated in your letter that the article will be imported without the candle.

In your letter you mention the possibility of this product being regarded as a candleholder and classified in subheading 9405.50.4000, Harmonized Tariff Schedule of the United States (HTS) under the provision for non-electrical lamps and lighting fittings: other: other. The decorative glass article, not the tealight candleholder, imparts the essential character of this article. The tealight candle holder in back of the article is ancillary and merely serves to illuminate the decorative glass article. Therefore, this product is not regarded as a candle holder and cannot be classified in subheading 9405.50.4000, HTS.

You indicated in your letter that the unit value of this item is over three dollars but not over five dollars.

The applicable subheading for the decorative glass article will be 7013.99.8000, HTS, which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes: other glassware: other: other: other: valued over three dollars but over five dollars each. The rate of duty will be 11.3 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 Jacob Bunin at 646-733-3027.

We are retuning your request for a classification ruling regarding Item number W072MA01003 - “Snowman Candle Holder” because we need additional information in order to issue a ruling.

A sample of this product was submitted with your ruling request. This sample is being returned to you.

Please indicate the precise manner in which this glass article will be used. Will it be used as a general purpose candleholder or will it be used as a general purpose household article?

Please submit any advertising or marketing literature documenting the precise manner in which this item will be marketed and used.

If the product will be used in more than one way, please indicate the percentage of your client’s customers who will use it for each purpose.

When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please submit the sample and a copy of your original letter, along with any additional information requested in this notice.

Please mail your request to the U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If you have any questions regarding the above, contact National Import Specialist Jacob Bunin at 646-733-3027.

Sincerely,

Robert B. Swierupski
Director,

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