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NY 814715

CLA-2-94:S:N:N3:227 814715


TARIFF NO.: 9405.50.4000

Mr. Ken August
Easter Unlimited, Inc.
80 Voice Road
Carle Place, NY 11514

RE: The tariff classification of candleholder sets from China.

Dear Mr. August:

In your letter dated September 8, 1995, you requested a tariff classification ruling.

The samples submitted are candleholder sets that consist of black attired, porcelain skeletal figures, known as "Mr. & Mrs. Skeleton" (item number 9365), which measure about 10 1/2 inches long and depict an arm, that is raised over the head, holding a goblet. It is noted that the goblet is designed to hold a candle measuring approximately 5 inches long. It is stated that both the candleholder and candle are imported together, in a manner that is suitable for sale, in a retail carton. The essential character of the set is imparted by the candleholder.

The applicable subheading for the candleholder sets, item number 9365, will be 9405.50.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other non-electrical lamps and lighting fittings. The rate of duty will be 7.3 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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