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NY R04785





September 1, 2006

CLA-2-95:RR:E:NC:SP:225 R04785

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

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

RE: The tariff classification of a Halloween Candle Holder Assortment from China.

Dear Mr. Crago:

In your letter dated August 30, 2006, you requested a tariff classification ruling.

You submitted a photograph of a Halloween Candle Holder Assortment identified as item number A079FA00020. The assortment consists of cube-shaped articles with an iron frame, glass panels and an open top that measure approximately 3-3/8” in height x 3-1/8” in width x 3-1/8” in length. The three cube-shaped articles are decorated on their glass panels with scary trees, spiders on a spider web and a haunted house, respectively. When a candle (not included) is placed inside the cube-shaped article, it illuminates the eerie decorations on the glass panels.

Although referred to as a “candle holder assortment”, these are not functional candleholders, but decorative glass and iron articles that allow light to shine through from an inserted candle to illuminate the eerie decorations on the glass panels.

The applicable subheading for the Halloween Candle Holder Assortment identified as item number A079FA00020will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Other." The rate of duty will be Free.

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 Alice Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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