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NY R04793





September 8, 2006

CLA-2-95:RR:E:NC:SP:225 R04793

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 Tealight Candle Holder Assortment from China.

Dear Mr. Crago:

In your letter dated August 31, 2006, you requested a tariff classification ruling.

You submitted a photograph of a Halloween Tealight Candle Holder Assortment identified as item number A079FA00813. The assortment consists of ten stained glass monster faces attached to iron frames. Each article measures approximately 3-1/4” in height x 3” across and depicts the faces of a black cat, a vampire, a bat, a witch, Frankenstein, a ghost, a skull, a jack-o’-lantern with a purple witch hat, a mummy, and a jack-o’-lantern with a green witch hat, respectively. Each article has a small plate behind the glass front for insertion of a tealight candle (not included). When the tealight candle is placed on the plate and lit, the light illuminates the glass face.

Although referred to as a “candle holder assortment”, these are not functional candleholders, but decorative glass articles that allow light to shine through from an inserted candle to illuminate the eerie decorations on the glass faces. The articles are intended for the home to help create a scary environment for the Halloween holiday.

The applicable subheading for the Halloween Tealight Candle Holder Assortment identified as item number A079FA00813 will 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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