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NY L83772




April 11, 2005

CLA-2-94: RR: NC: 1:108 L83772

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

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

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

Dear Mr. Crago:

In your letter dated March 28, 2005 you requested a tariff classification ruling.

The item in question is a glass cylindrical article designed to resemble a snowman (sample provided). It is designated as model number C072AA02790. It stands 5 ½ inches in height and has a metal basket insert that affixes to the inside top rim of the article. The hanging internal metal basket is designed to specifically hold a tea light candle for illumination. NY Ruling J83484 provides guidance in this matter. Classification will be accordingly.

The applicable subheading for the snowman tea light candle holder 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).

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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