CLA-2-83:RR:NC:N1:113 H80143

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a metal illuminated decoration from China.

Dear Mr. Hoffacker:

In your letter dated April 16, 2001, you requested a ruling on behalf of Consolidated Stores, Inc., on tariff classification.

The sample you provided is item L060, an iron, house-shaped candleholder in gold color. The article measures 4 ½ inches by 4 ¾ inches by 7 3/8 inches [11.43 cm. x 12.07 cm. x 18.7 cm.] While called a candleholder, no particular characteristic makes this item an illuminating article. The sample is a simple representation of a house with windows. A cutout in the back allows a candle to be placed inside the house, adding to its decorative effect.

The applicable subheading for this product will be 8306.29.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for statuettes and other ornaments, of base metal, other. The general 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 James Smyth at 212-637-7008.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division