CLA-2-94:OT:RR:NC:1:110

Ms. Michelle Dias
Princess House
470 Myles Standish Boulevard
Myles Standish Industrial Park
Taunton, MA 02780

RE: The tariff classification of a candleholder from China.

Dear Ms. Dias:

In your letter dated January 15, 2010, you requested a tariff classification ruling.

The merchandise under consideration is the Wintervine Candle, item number 5466. Samples were submitted with your ruling request and will be returned to you.

The Wintervine Candle is cylindrical in shape and measures approximately 8¾ inches high by 5 inches in diameter. It is comprised of a round metal base with an outside diameter of approximately 5 inches with a metal receptacle specifically fitted to secure the included clear glass votive candle holder. The votive holder measures approximately 2 inches high with an open top diameter of 2 inches, tapering to an interior diameter of 1½ inches, the specific size of a standard tealight or votive candle. Attached around the perimeter of the base and rising upwards approximately 8 inches are metal wires decorated with beads, shaped to resemble stylized leafy vines with berries. A cylindrical glass shade measuring approximately 8¼ inches high by 4¼ inches in diameter is inserted inside the metal vines and provide unobstructed light and protection to a candle flame from disturbances; the shade is available in both clear and frosted glass.

The applicable subheading for the Wintervine Candle, item number 5466 will be 9405.50.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Lamps and lighting fittings…: Non-electrical lamps and lighting fittings…: Other: Other.” The general rate of duty will be 6 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Thomas Campanelli at (646) 733-3016.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division