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NY C89950

July 21, 1998

CLA-2-94:RR:NC:2:227 C89950


TARIFF NO.: 9405.50.4000

Ms. Kristen Gibson

Bath & Body Works

7 Limited Parkway East

Reynoldsburg, OH 43068

RE: The tariff classification of ceramic candleholders from China.

Dear Ms. Gibson:

In your letter dated June 25, 1998, you requested a tariff classification ruling. Samples are being returned as requested.

The samples submitted are two-tone ceramic candleholders, style numbers 22725 (pink) and 22726 (dark pink), which measure approximately 2 1/4 inches in height with square-shaped open top diameters of 2 1/2 inches by 2 1/2 inches. The candleholders taper downward to form a base diameter of 1 3/4 inches.

You state that these items should be properly classified under subheading 6914.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ceramic articles. However, since the subject articles are of the class or kind of merchandise that are provided for elsewhere, consideration of classification under the above subheading is precluded.

The applicable subheading for these ceramic candleholders 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 6.3 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 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 Kalkines at 212-466-5794.


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