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NY M80849




February 21, 2006

CLA-2-94:RR:NC:1:108 M80849

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a decorative candleholder from India.

Dear Ms. Aldinger:

In your letter dated February 3, 2006, you requested a tariff classification ruling. Sample is being returned as requested.

The subject merchandise, based on the submitted sample and information, is a decorative candleholder, item 944752, which is referred to as the “Double Votive Candle Stand.” This article is composed of a four-footed metal (non-brass) stand with an antique-silver finish or an amber/orange luster. The stand, which features bilateral loop-shaped holders, measures approximately 10 ¼ inches in height. Further, there are two bell-shaped glass tea light holders, measuring approximately 2 ¾ inches in depth by 3 inches across their open-top diameter, that are designed to be inserted into the loop-shaped metal holders.

The applicable subheading for this decorative candleholder will be 9405.50.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other non-electrical lamps and lighting fittings, other. The duty rate will be 6 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Articles classifiable under subheading 9405.50.4000, HTSUS, which are products of India may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

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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