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NY H88658

February 21, 2002

CLA-2-95:RR:NC:SP:225 H88658


TARIFF NO.: 9505.90.6000

Mr. Joseph R. Hoffacker
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of an 8.5” Glass Jack-O-Lantern Candleholder from China.

Dear Mr. Hoffacker:

In your letter dated February 11, 2002, on behalf of Big Lots Stores, Inc., you requested a tariff classification ruling.

The submitted photograph, Item #D11370-FF, 8.5” Glass Jack-O-Lantern Candleholder, consists of a glass pumpkin candleholder with a jack-o-lantern face that measures approximately 8-1/2” in height x 4-1/2” in diameter and sits on a fitted circular metal stand. Inside the item is a depression for insertion of a tealight candle (not included) clearly intended to illuminate the face of the jack-o-lantern, not the surrounding area. Customs has considered jack-o-lanterns, which are of a pumpkin shape or form with a face, as a symbol traditionally associated with Halloween. Accordingly, the described item will be classified in the festive provision.

The applicable subheading for Item #D11370-FF, 8.5” Glass Jack-O-Lantern Candleholder, 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 will be 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. If you have any questions regarding the ruling, contact National Import Specialist Alice Wong at 646-733-3026.


Robert B. Swierupski

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