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NY L83476





April 6, 2005

CLA-2-94:RR:NC:1:108 L83476

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000; 7013.99.5000

Ms. Lisa Zwaga
Lamplight Farms, Inc.
4900 North Lilly Road
Menomonee Falls, WI 53051-7035

RE: The tariff classification of glass holders from China, Taiwan or Vietnam.

Dear Ms. Zwaga:

In your letter dated March 17, 2005, you requested a tariff classification ruling. Samples are being returned as requested.

The submitted samples consist of the following articles:
a globe-shaped mosaic glass candleholder, referred to as “Project 05-B,” which measures approximately 3 inches in height with a 3-inch open-top diameter and 2 ½ -inch interior-base diameter;
a clear-transparent cylindrical glass candleholder, referred to as “Project 05-C,” which measures approximately 3 ¼ inches in height with an open-top diameter of 1 inches and an interior-base diameter of 2 inches;
a clear-transparent general-purpose cylindrical glass holder, referred to as “Project 05-A,” which measures approximately 5 inches in depth with an open-top diameter of 3 inches and a bottom diameter of 3 ½ inches. The exterior of this glass article is decorated with a wicker wrap. It is stated to be valued over $.30, but not more than $3 each.

The applicable subheading for these glass candleholders, Project 05-B and Project 05-C, 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.

The applicable subheading for the general-purpose decorative glass article, Project 05-A, will be 7013.99.5000, HTS, which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposesother glassware, other, other, other, valued over $0.30 but not over $3 each. The rate of duty will be 30 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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