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NY M81617





March 2, 2006

CLA-2-94: RR: NC: 1:108 M81617

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Ms. Lorianne Aldinger
Rite Aid
30 Hunter Lane
Camp Hill, PA 17011

RE: The tariff classification of candleholder from China.

Dear Ms. Aldinger:

In your letter dated February 22, 2006 you requested a tariff classification ruling.

The item in question is a glass candleholder. It is denoted as item #944455 (sample enclosed). The item is 8” in height and in the shape of a pumpkin. It has a wire frame with inserted amber colored glass pieces and an internal receptacle for the placement of a tea light candle. It is to be placed on a flat surface for the purpose of candlelight illumination.

The applicable subheading for the pumpkin candle holder will be 9405.50.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Non-electrical lamps and lighting fittings: Other: Other. The rate of duty 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/.

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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