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NY N025134




March 31, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000; 9817.95.05

Ms. Una Gauthier
CVS Onsite Import Client Liaison
Barthco International, division of Ozburn-Hessey Logistics One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of candleholders from China.

Dear Ms. Gauthier:

In your letter dated March 19, 2008, you requested a tariff classification ruling on behalf of your client CVS/Pharmacy.

The merchandise under consideration is the Halloween Skull Candleholders, Item Number 456180. Samples of a pair of candleholders were submitted with your ruling request and will be returned to you.

The two candleholders are constructed of agglomerated stone in the form of three-dimensional human skulls measuring approximately 4 inches in height and 3 inches in width. Cemented into the top of each skull is a clear glass votive size candle holder specifically fitted for a votive candle. The upper rim of the glass holder is situated over the top of the skulls leaving the candle flame fully exposed.

The skull candleholders are classifiable under subheading 9405.50.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for non-electrical lamps and lighting fittings. However, these items are in the form of a three-dimensional representation of a symbol or motif closely associated with Halloween. They are designed, marketed and sold during and in celebration of Halloween, which is a recognized holiday in the United States (see HQ H019363). Accordingly, the Halloween Skull Candleholders are eligible for duty-free treatment under subheading 9817.95.05, HTSUS.

The applicable subheading for the Halloween Skull Candleholders, Item Number 456180, will be 9817.95.05, HTSUS, which provides for “Articles classifiable in subheadings9405.20, 9405.40 or 9405.50, the foregoing meeting the descriptions set forth below: Utilitarian articles in the form of a three-dimensional representation of a symbol or motif clearly associated with a specific holiday in the United States.” The general 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 Thomas Campanelli at 646-733-3016.

Sincerely,

Robert B. Swierupski
Director,

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