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NY N007890




March 20, 2007

CLA-2-94:RR:E:NC:1:110

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Mr. Randy Swords
Panya Enterprises, Inc.
2711 International St.
Columbus, OH 43228

RE: The tariff classification of a candle holder from China.

Dear Mr. Swords:

In your letter dated March 5, 2007, you requested a tariff classification ruling.

The merchandise under consideration is a fireplace screen candle holder. A glass candle holder was forwarded to us for examination.

The fireplace screen candle holder consists of a glass votive holder and a steel scrollwork plaque, which mounts to the front of a fireplace screen with a bolt and nut. The scrollwork plaque has a horizontal ring that protrudes from its center to support the votive holder. This ring provides an opening of approximately 2 inches in diameter. Votive holders are small open vessels designed to hold a votive candle during use. Votive candles have an industry standard diameter of 1½ inches and are designed for use fully within a candle accessory, specifically, a votive holder, which must be capable of containing the melted candle. The exterior base of this votive holder measures approximately 1¾ inches in diameter and is 2 inches high. The top of the glass holder is flared outwards to a diameter of 2½ inches, preventing the holder from sliding through the ring on the scrollwork. The inside diameter of this holder is approximately 1½ inches, specifically designed for use with a standard votive or tealight candle. The glass votive holder, steel scrollwork plaque, bolt and nut will be imported together without a candle.

The applicable subheading for the fireplace screen candle holder, imported as stated above, 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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