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NY N027001




May 13, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Ms. Francine Ramsey
Hampton Direct
350 Pioneer Dr., P.O. Box 1199
Williston, VT 05495

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

Dear Ms. Ramsey:

In your letter dated April 24, 2008, you requested a tariff classification ruling.

The merchandise under consideration is the Pineapple Tea Light Holder, SKU #65850. A sample of the lantern was submitted with your ruling request.

The submitted sample is constructed of numerous irregular rectangular amber facet glass in metal frames soldered together to form a pineapple shaped lantern with an open top. This lantern measures approximately 9¾ inches tall and is 4¼ inches in diameter at its widest point. One side of the lantern features a hinged door for placement of a tea light or votive size candle into a fitted round receptacle welded to the bottom of the lantern’s base. This lantern is not designed to be carried in the hand or on the person; it is designed for placing onto a flat surface.

The applicable subheading for the Pineapple Tea Light Holder, SKY #65850 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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