CLA-2-95:RR:NC:SP:222 G89336

Mr. John W. Whitaker
O’Neill & Whitaker, Inc.
1809 Baltimore Avenue
Kansas City, MO 64108

RE: The tariff classification of candleholders from China.

Dear Mr. Whitaker:

In your letter dated March 21, 2001, on behalf of Hallmark Cards, Inc. of Kansas City, Missouri, you request a tariff classification ruling.

You submit the following samples:

Stock #795BER1524, Sugar Bear Tealight Holder, consists of a three dimensional bear dressed in a red sweater standing at a table eating cookies. On the table is a white jar wrapped in a red bow with holly leaves and holly berries that is designed to hold a tealight candle (not included). You state that the item is made of polyresin with calcium carbonate derived from natural stone.

Stock #795BER1525, Sugar Bear With Sled Tealight Holder, consists of a standing three dimensional bear dressed in a green cap and sweater, red pants and red and white scarf and holding the handles of a sled that is designed to hold a tealight candle (not included) decorated with holly leaves and holly berries. You state that the item is made of polyresin with calcium carbonate derived from natural stone.

Stock #795BER1641, Peppermint Votive Holder, consists of a glass cup encircled by vertical standing peppermint sticks and two red and white bows that measures approximately 3” in height and 3” in diameter, and are stated to be made of PVC and clay dough. No candle is included.

The applicable subheading for Stock #795BER1524, Sugar Bear Tealight Holder, Stock #795BER1525, Sugar Bear With Sled Tealight Holder, and Stock #795BER1641, Peppermint Votive Holder, will be 9505.10.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for...articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: 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 Masterson at 212-637-7090.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division