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NY M86538




September 28, 2006

CLA-2-94:RR:NC:1:108 M86538

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Ms. Francine Ramsey
Hampton Direct, Inc.
350 Pioneer Drive
P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of candleholders from China.

Dear Ms. Ramsey:

In your letter dated September 7, 2006, you requested a tariff classification ruling.

The merchandise under consideration is two candleholders. Samples of each candleholder were submitted with your ruling request and will be returned to you. The two samples consist of the following merchandise:

A decorative candleholder, which is referred to as the “Purple Blossom Tea Light Stand” (item number 57670), that measures approximately 8½ inches high with a 3¾-inch disk-shaped base; a stem-shaped stand decorated with two and three-dimensional foliage-like motifs, as well as a two-dimensional butterfly motif; and a top tealight candle holder, which is encircled by flower petals. This article is noted to be composed of steel, plastic, and pigskin components, as well as textile thread.

A decorative candleholder, which is referred to as the “Lotus Petals Tea Light Holder” (item number 57660), that measures approximately 2 inches in height by 5 inches in overall diameter and consists of a metal (steel) tealight candle holder, which is encircled by flower petals composed of pigskin, steel, and textile thread.

The applicable subheading for these decorative candleholders will be 9405.50.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Lamps and lighting fittingsnot elsewhere specified or included: Non-electrical lamps and lighting fittings: Other: Other.” The general 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 Thomas Campanelli at 646-733-3016.

Sincerely,

Robert B. Swierupski
Director,

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