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NY N020904





January 2, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Mr. Troy D. Crago
Atico International USA, Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of candlesticks from China.

Dear Mr. Crago:

In your letter dated December 13, 2007 you requested a tariff classification ruling.

The merchandise under consideration is the 3-Piece Convertible Vase/Candle Holder Collection, item number A029IA02372. It consists of three clear glass candlesticks, measuring 10 inches, 12.5 inches, and 13.5 inches high, packaged together in a box for retail sale. The candlesticks consist of a bell-shaped base measuring approximately 5 inches in diameter at its widest point, which supports a glass tulip-shaped body capped with a fitted socket for a tapered candle and features a 5 inch diameter drip ring.

When the candlesticks are turned over, the drip ring doubles as a base and the bell-shaped end provides an opening for use as a vase. However, this function is subsidiary to their use as a candlestick, as all three items are specifically designed and fitted to hold a tapered candle.

The applicable subheading for the 3-Piece Convertible Vase/Candle Holder Collection, item number A029IA02372, 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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