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NY R04884




September 14, 2006

CLA-2-95:RR:E:NC:SP:225 R04884

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 Jack-O’-Lantern Candle Holder from China.

Dear Mr. Crago:

In your letter dated September 11, 2006, you requested a tariff classification ruling.

You submitted a photograph of a Halloween Jack-O’-Lantern Candle Holder identified as item number A079FA00130, which consists of two designs of a three-dimensional jack-o’-lantern that will be imported in orange, purple and green colors. The first design measures approximately 3-1/2” in diameter and the second design measures approximately 2-1/2” in height and 3-5/8” in diameter. When a tealight candle (not included) is placed in the jack-o’-lantern and lit, the light illuminates the jack-o’-lantern’s face.

Although referred to as a “candle holder”, these are not functional candleholders, but decorative glass articles that allow light to shine through from an inserted candle to illuminate the jack-o’-lantern’s face. The articles are intended for the home to help create a scary environment for the Halloween holiday.

The applicable subheading for the Halloween Jack-O’-Lantern Candle Holder identified as item number A079FA00130 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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