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NY R01421





March 4, 2005

CLA-2-94:RR:NC:1:108 R01421

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Mr. Troy D. Crago
Atico International, USA
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of tealight candleholders in decorative glass articles from China.

Dear Mr. Crago:

In your letter dated February 9, 2005, you requested a tariff classification ruling.

The subject merchandise (item number W072MA01082), based on the submitted information, is three matching spherical-like hollow-glass articles with each featuring a mosaic glass surface depicting the face of a snowman wearing a cylindrical top hat with a wide brim. They are stated to have the following measurements: 5 inches in height by 4 ¼ inches in diameter; 6 inches in height by 5 inches in diameter; and 6 inches in height by 7 inches in diameter. The opening of each article, around and through the top portion of the hat, is designed to accommodate the insertion of a removable cylinder-like metal (non-brass) receptacle for a tealight candle (not included). It is noted that this receptacle, measuring 1 ½ inches in diameter, is suspended and affixed to the upper opening by two metal (non-brass) arms with hook-shaped ends.

Since there is no one component that imparts the essential character of this merchandise, it has been determined that these items, based on General Rule of Interpretation 3(c), will be classified under the heading (in this instance, 9405, HTS) which occurs last in numerical order among those which equally merit consideration.

The applicable subheading for these tealight candleholders in decorative glass articles 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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