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NY F89587

August 7, 2000

CLA-2-94:RR:NC:2:227 F89587


TARIFF NO.: 9405.50.4000

Ms. Elena Atanasovska
Limited Distribution Services
Seven Limited Parkway East
Reynoldsburg, OH 43068

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

Dear Ms. Atanasovska:

In your letter dated July 17, 2000, you requested a tariff classification ruling. Sample is being returned as requested.

The sample submitted is a round-shaped frosted glass candleholder, style number 9912, that measures approximately 3 5/8 inches in height with an open top diameter of 3 ¼ inches and an average body circumference of 10 ½ inches. It has an interior base that measures nearly 1 ¾ inches in diameter with an exterior disk-shaped base measuring about 2 ¼ inches in diameter. It is noted that the entire exterior was sprayed with glue and then glitter in order to achieve a frosted effect. It is stated to be valued at $1.35 per piece.

You suggest that this item should be classified under subheading 7013.99.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposesother glassware: other: other: other: valued over $0.30 but not over $3 each. However, it has been found that the subject merchandise is more specifically designed for use as a candleholder, thereby precluding consideration of classification under subheading 7013.99.5000, HTS.

The applicable subheading for this glass candleholder will be 9405.50.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other non-electrical lamps and lighting fittings, other. The rate of duty will be 6 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 212-637-7073.


Robert B. Swierupski

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