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NY R01525




February 28, 2005

CLA-2-83:RR:NC:N1:121 R01525

CATEGORY: CLASSIFICATION

TARIFF NO.: 8306.29.0000

Troy D. Crago
Atico International, USA
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of a metal ornament from China

Dear Mr. Crago:

In your letter dated February 22, 2005, you requested a tariff classification ruling.

The merchandise is a steel, decorative ornament (item number H074TA08180). It is 11 inches in height and includes eight 4-inch candles. The base of the item holds four candles. The heat rising from the candles causes the angels on the upper portion to spin and rotate, and the chimes to ring.

Your letter mentions the possibility of classifying this merchandise as a non-electrical illuminating article in 9405.50.4000. However, this item is not an article of 9405 because it does not provide illumination. The candles provide the heat necessary to cause the motion of the angel and chime ornaments.

The applicable subheading for the candle holder will be 8306.29.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for bells, gongs and the like, nonelectric, of base metal; statuettes and other ornaments, of base metalstatuettes and other ornaments, and parts thereof, other. The rate of duty will be free.

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 Barbara Kaiser at 646-733-3024.

Sincerely,

Robert B. Swierupski
Director,

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