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NY C85122

March 24, 1998

CLA-2-95:D13 C85122


TARIFF NO.: 9505.90.6000

Ms. Anne M. Neary
Import Manager
Nantucket Distributing
261 White's Path
South Yarmouth, Massachusetts 02664

RE: The tariff classification of a "glass pumpkin candle holder", made in the Phillippines.

Dear Ms. Neary:

In a letter dated February 26, 1998 you requested a tariff classification ruling on a glass pumpkin candle holder.

A sample of the article, stock number EES-92 was submitted with your letter. The glass pumpkin is made of orange colored glass and is trimmed with iron accent wire painted black. The item is approximately 4.5 inches high and 7 inches in diameter at it's widest point. The opening at the top of the pumpkin is approximately 3.5 inches in diameter through which a votive candle may be inserted. Attached to a portion of the wire trim are additional metal shapes that form the eyes, ears, nose and mouth. These shapes give the article a "jack-0-lantern" style face.

As a direct result of the Midwest of Cannon Falls Inc., vs U.S. 96-1271, 1279, certain articles which were perceived to be classified elsewhere in the tariff, will now fall within the realm of "festive, carnival or other entertainment articles of Chapter 95".

The applicable subheading for the "glass pumpkin candle holder", will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for festive, carnival or other entertainment articles including magic tricks and practical joke articles; parts and accessories thereof: other: other. The rate of duty is free.

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.


Jeffrey R. Walgreen
Port Director

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