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NY I82815

June 21, 2002

CLA-2-95:RR:NC:2:222 I82815


TARIFF NO.: 9505.10.5020

Stacy L. Weinberg
Grunfeld, Desiderio, Lebowitz,
Silverman & Klestadt LLP
245 Park Avenue
33rd Floor
New York, NY 10167-3397

RE: The tariff classification of five Christmas festive products from China.

Dear Ms. Weinberg:

In your letter dated May 31, 2002, you requested a tariff classification ruling, on behalf of Alco Industries, Inc., your client.

You are requesting the tariff classification on five metal Christmas candleholders, styles 9154, 9155, 9156, 9172 and 9158. Style 9154 features a reindeer pulling a sleigh adorned with poinsettia flowers. Style 9155 is a three-dimensional reindeer candleholder decorated with poinsettia flowers. Style 9156 is a sleigh candleholder adorned with holly berries and poinsettia flowers. Style 9172 is a sleigh candleholder decorated with pinecones and evergreen branches. Style 9158 is a three-dimensional wall sconce taper candleholder shaped as a decorated Christmas tree with poinsettia flowers and holly berries at the bottom. Style 9158 is considered three-dimensional because the candleholders and decorative poinsettia protrude from the Christmas tree in the background. The five styles are classified in Chapter 95 of the HTSUSA as functional festive articles, appropriate for use during the Christmas season. Color pictures were provided, in lieu of samples.

The applicable subheading for the five metal Christmas candleholders, styles 9154, 9155, 9156, 9158 and 9172 will be 9505.10.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for “Festive, carnival or other entertainment articlesparts and accessories thereof: Articles for Christmas festivities and parts and accessories thereof: Other: OtherOther.” 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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