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February 23, 1999

CLA-2-94:RR:NC:2:227 D87779


TARIFF NO.: 9405.50.4000

Mr. Juan Cienfuegos
Cienfuegos, Inc.
502 Enterprise
Laredo, TX 78045

RE: The tariff classification of glass candle holders from Mexico.

Dear Mr. Cienfuegos:

In your letter dated February 3, 1999, on behalf of Cerasol Decoproducts, you requested a tariff classification ruling. Samples are being returned as requested.

The samples submitted consist of the following lamps:
a) an octagonal-shaped glass candle holder, style number C51199, which measures approximately 3 1/4 inches high with an open top diameter of 3 1/4 inches and a base diameter of 3 inches at the widest dimension.
b) a cylindrical-shaped glass candle holder, style number C51200, which measures about 3 3/8 inches high with an open top diameter of 3 1/4 inches and a base diameter of 3 inches.
c) a flat round-shaped glass candle holder, style number C51013, which measures about 6 1/2 inches in diameter with a height of 3/4 inch. It is noted that one side is designed to contain a round-shaped pillar-like candle, while the other side possesses an oval-shaped inset to contain an oval-shaped candle.
d) a triangular-shaped glass holder, style number C51150, which measures approximately 5 1/2 inches by 5 inches by 2 inches.

The applicable subheading for the glass candle holders, style numbers C51199, C51200 and C51013, will be 9405.50.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other non-electrical lamps and lighting fittings. The general rate of duty will be 6 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the glass holder, style number C51150. Your request for a classification ruling should include a catalog and/or descriptive literature indicating how this article is marketed, advertised and sold.

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 212-637-7073.


Robert B. Swierupski

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