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NY J88282




September 16, 2003

CLA-2-94:RR:NC:2:227 J88282

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Mr. Juan Dominguez
Wal-Mart Stores, Inc.
601 North Walton
Bentonville, AR 72716-0410

RE: The tariff classification of candleholder sets from China.

Dear Mr. Dominguez:

In your letter dated August 24, 2003, you requested a tariff classification ruling. Samples are being returned as requested.

The submitted samples consist of two identical candleholder sets, style number CHC1010114B, which are imported together in the same retail packaging. Each set features a hollowed round-shaped glass vessel, featuring an exterior decorated with a snowflake motif, that measures approximately 4 ½ inches high with an open-top diameter of 2 ½ inches and an open-base diameter of 1 7/8 inches. The inner portion of the rim tapers down to a recessed area, measuring about 2 inches in depth, to accommodate the insertion of a cylindrical-like candle measuring nearly 1 ¾ inches high by 1 ½ inches in diameter. The essential character of this merchandise, imported in a condition for direct sale to users, is imparted by the candleholders.

The applicable subheading for these 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.

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.

Sincerely,

Robert B. Swierupski
Director,

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