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NY I84650

August 16, 2002

CLA-2-94:RR:NC:2:227 I84650


TARIFF NO.: 9405.50.4000

Mr. R. Trace Garrett
Associated Merchandising Corporation
500 Seventh Avenue
New York, NY 10018

RE: The tariff classification of decorative candleholder sets from China.

Dear Mr. Garrett:

In your letter dated July 31, 2002, you requested a tariff classification ruling. Samples are being returned as requested.

The samples submitted are two candleholder sets, style number 203A, with each set consisting of a cylindrical-shaped clear frosted glass holder that measures approximately 2 ½ inches in height by 2 inches in diameter. The holder, containing a votive candle, is placed in a harvest candle ring comprised generally of several natural pinecones as well as artificial fruits, nuts and leaves. These two sets are retail-packed together in a cardboard and transparent plastic container that is secured by means of a textile ribbon-like bow.

The applicable subheading for these decorative candleholder sets 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.

It should be noted that importations of merchandise containing natural foliage, as in the above-described product, may be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). You are advised, in regard to obtaining information on these regulations, to contact the aforementioned agency at the following location:

U.S. Department of Agriculture
Plant Protection and Quarantine Permit Unit 4700 River Road, Unit 136
Riverdale, MD 20737-1236
Telephone number: 877-770-5990

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 646-733-3028.


Robert B. Swierupski

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