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NY N017540




October 15, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Ms. Francine Ramsey
Hampton Direct Inc.
350 Pioneer Drive
P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of candleholders from India.

Dear Ms. Ramsey:

In your letter dated September 18, 2007 you requested a tariff classification ruling.

The merchandise under consideration consists of two candle holders identified as the Wrought Iron Votive Candle Holder (62640) and the Chamberstick Candle Holder (62530). Samples of both holders were submitted with your ruling request.

The Wrought Iron Votive Candle Holder is constructed of a heavy gauge metal wire formed into a ring with an inside diameter of approximately 4¼ inches. This ring is supported on four heart shaped legs approximately 3 inches tall, which are formed of the same metal wire. Four wire rings with an inside diameter of approximately 2 inches are welded to the outside perimeter of the main ring. The four perimeter rings hold inverted glass finials measuring approximately 3 inches tall with an outermost diameter of 2¼ inches. The finials are tapered inwards forming a socket designed to hold tapered candles with a width of ½ inch.

The Chamberstick Candle Holder is designed after an old-fashioned hurricane lamp featuring a curved wire handle. It is constructed of steel and plated in a combination of brass, copper and nickel producing a gold finish. The base measures approximately 2 inches high and features a 5 inch diameter concave dish mounted onto a pedestal stand with a wire handle. In the center of the dish is a receptacle for holding a tapered candle and a hurricane style clear glass protector measuring approximately 7 inches tall, with a tapered diameter of 3 to 4 inches. The glass protects the candle flame from drafts or breezes.

The applicable subheading for the Wrought Iron Votive Candle Holder (62640) and the Chamberstick Candle Holder (62530) will be 9405.50.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Lamps and lighting fittings...: 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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