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NY I87690

November 22, 2002

CLA-2-95:RR:NC:SP:225 I87690


TARIFF NO.: 9505.90.6000

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

RE: The tariff classification of ceramic Halloween candleholders from China.

Dear Ms. Weinberg Dieve:

In your letter dated November 7, 2002, on behalf of your client, Alco Industries, Inc., you requested a tariff classification ruling.

You have submitted photographs of four ceramic Halloween candleholders designed to hold tealight candles. Item #11012A, “skeleton candleholder”, depicts a three-dimensional skull inside a lantern. Item #11012B, “jack-o-lantern”, depicts a three-dimensional jack-o-lantern. Item #11016, “jack-o-lantern w/witch hat”, depicts a three-dimensional jack-o-lantern wearing a traditional black witch hat. Item #11017, “witch hat w/ cut-outs of jack-o-lanterns and bats” depicts a traditional black witch hat with cut-outs of jack-o-lanterns and bats to allow candle light to shine through them. All of the items are decorative articles intended to create a scary environment for the Halloween holiday.

The applicable subheading for the above described items 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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