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NY N020855




December 18, 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 a candleholder from China.

Dear Ms. Ramsey:

In your letter dated November 26, 2007, you requested a tariff classification ruling.

The merchandise under consideration is identified as the Butterfly Candle Holder, item number 63380. A sample of the item was submitted with your ruling request. Your original request, NY Ruling Number N020290, requested classification of two items, the Butterfly Candle Holder and the Butterfly Window Hanging item number 63390. This ruling will only address the classification of the Butterfly Candle Holder. The classification of the Butterfly Window Hanging article will be addressed in N020290.

The submitted sample of the Butterfly Candle Holder consists of a black wire stand with a translucent glass votive or tealight candleholder at its center. The glass candle holder is specifically designed and fitted for use with a votive or tealight candle for providing light. The wire stand consists of two wire rings with an inside diameter of approximately 2 inches, welded to four wire frame legs resembling the wings of a butterfly. The glass candle holder drops into the wire rings and is supported by the four wing shaped legs. Within the wing frames are additional wire scroll designs with hanging acrylic ornaments.

The applicable subheading for the Butterfly Candle Holder, item number 63380 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.

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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