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NY N020217




December 13, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Ms. Una Gauthier
Barthco International Inc.
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of a candleholder from China.

Dear Ms. Gauthier:

In your letter dated November 14, 2007, you requested a tariff classification ruling on behalf of your client, CVS/Pharmacy. The submitted sample will be returned to you.

The merchandise under consideration is the Metal Americana Bucket with Candleholder, item number 447606. It is an empty iron bucket, fitted with a metal handle, that measures approximately 6¼ inches high with an open top diameter of 6¼ inches tapering to a base 4 inches in diameter. Welded within the bottom of the bucket is a receptacle measuring 1½ inches in diameter and ¾ of an inch deep, the standard fitting for a tealight or votive candle. This bucket features multiple star-shaped cutouts which allow the light from the candle to be discharged, providing light to the immediate area.

The applicable subheading for the Metal Americana Bucket with Candleholder, item number 447606, will be 9405.50.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Lamps and lighting fittings...: Non-electric lamps and lighting fittings: Other: Other.” The general rate of duty will be 6 percent ad valorem.

In your ruling request you also ask for the classification of this item imported without the tealight holder. Your inquiry does not provide enough information for us to give a classification ruling on the Metal Americana Bucket without the candleholder. Your request for a classification ruling should include a specific item number and complete description. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 646-733-3010.

Sincerely,

Robert B. Swierupski
Director,

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