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NY R04541

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August 15, 2006

CLA-2-94:RR:E:NC:1:108 R04541

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Mr. Joseph Stinson
Liss Global, Inc.
7746 Dungan Road
Philadelphia, PA 19111

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

Dear Mr. Stinson:

In your letter dated August 3, 2006, you requested a tariff classification ruling.

The subject merchandise, based on the submitted information, is a decorative candleholder, item number 947032, which is stated to be composed of crushed-ground stone with blended-plastic material. It has a giraffe-shaped body incorporated with a round base and a top cylindrical receptacle, near the giraffe’s neck, for a tealight candle (not included).

You indicate that this merchandise may be classified under subheading 6810.99.00, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles ofartificial stone, whether or not reinforced: other articles: other. However, since this article is specifically provided for elsewhere, consideration of classification under subheading 6810.99.00, HTS, is precluded.

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 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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See also:

• Tariff No.: 6810.99.00 - Articles of cement (other than tiles, flagstones, bricks and similar arts.), of concrete or artificial stone, nesoi
• Tariff No.: 9405.50.40 - Non-electrical lamps and lighting fixtures nesoi, not of brass