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NY L82785





March 11, 2005

CLA-2-94:RR:NC:1:108 L82785

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Mr. Troy D. Crago
Atico International, Inc.
501 South Andrews Avenue
Ft. Lauderdale, FL 33301

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

Dear Mr. Crago:

In your letter dated February 17, 2005, you requested a tariff classification ruling.

The subject merchandise, based on the submitted sample, is decorative candleholder sets, item number C072LA00444. These sets consist of colorful glass hurricane-shaped candleholders measuring approximately 4 ¼ inches in height with a 3 ¼ - inch open-top diameter and a 1 - inch interior base diameter. Their exterior is decorated with scroll-like and teardrop motifs. Each holder is designed to accommodate a pillar-like candle measuring about 2 ¼ inches high by 1 inches in diameter. Each set also features a small bagful of pulverized granite for insertion into the candleholder. The essential character of these sets is imparted by the glass candleholders.

The applicable subheading for the decorative candleholder sets, item number C072LA00444, 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 Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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