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NY N008210




March 20, 2007

CLA-2-69:RR:NC:1:128

CATEGORY: CLASSIFICATION

TARIFF NO.: 6913.10.5000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a decorative ceramic article from China.

Dear Ms. Aldinger:

In your letter dated March 8, 2007, you requested a tariff classification ruling.

The subject merchandise is identified as Item #952082, “Gourd Tealight Holder”. You stated that the item is made of 100% porcelain and is intended to be used as a candleholder. The article is brown in color with a caramel colored stem and green leaves on top. It features cutout leaf-shaped designs and a hollow opening that allows for placement of a tealight candle. A representative sample of the product was submitted with your request in a broken condition. Therefore, we are unable to return this item as requested.

Although this item can accommodate a tealight candle, the purpose of the candle is used to enhance the cutout designs and decorative appeal of the article. The amount of light emitted through the cutout shapes is minimal. Therefore, this product is not regarded as a candleholder.

The applicable subheading for the Gourd Tealight Holder will be 6913.10.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Statuettes and other ornamental ceramic articles: Of porcelain or china: 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 Sharon Chung at 646-733-3028.

Sincerely,

Robert B. Swierupski
Director,

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