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NY N025510




April 22, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

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

RE: The tariff classification of a candle holder from China.

Dear Mr. Crago:

In your letter dated March 20, 2008, you requested a tariff classification ruling.

The merchandise under consideration is the Harvest Metal Candle Holder, Item Number A076GA02192. A sample of the candle holder was submitted with your ruling request.

The candle holder is constructed of sixteen individual thin metal bands bent into an “S” scroll design and welded together to form a pumpkin or oval shaped lantern resembling a bird cage. The overall dementions of the lantern are 7½ inches in diameter and 6½ inches high. One quarter section of the scrolls pivots open to provide access to a fitted metal receptacle measuring approximately 1½ inches in diameter and ½ inch deep, the standard size of a tealight candle. This tealight receptacle is welded to the bottom center of the lantern.

The applicable subheading for the Harvest Metal Candle Holder, Item Number A076GA02192 will be 9405.50.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Lamps and lighting fittingsNon-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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