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NY A83504

June 8, 1996

CLA-2-94:RR:NC:GI: 227 A83504


TARIFF NO.: 9405.50.4000

Mr. Michael Rosbach
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a ceramic candleholder from China.

Dear Mr. Rosbach:

In your letter dated May 7, 1996, you requested a tariff classification ruling.

The sample submitted is a cylindrical-shape porcelain candleholder, known as the "Porcelain Votive Cup," item number 962701, which measures approximately 2 1/2 inches high with an open top diameter of 2 1/4 inches. It possesses an exterior design of two skeletons behind headstones, while other similar candleholders will feature the Halloween-like motif of witches, pumpkins and ghosts. It is noted that this merchandise, which is designed to hold a 2 inch candle, will be marketed and sold as candleholders.

The applicable subheading for this porcelain candleholder, item number 962701, 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 percent ad valorem.

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 letter 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 George Calcaneus at 212-466-5794.


Roger J. Silvestri

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