N053537 N0 Ruling Active

The tariff classification of candle holder from China.

Issued March 20, 2009 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 9405.50.4000

Headings: 9405

Product description

The candle holder is constructed of a glass cup in a tulip shape measuring approximately 3.6 inches tall with a top diameter of 3 inches at its widest point and an interior base diameter of 1½ inches. The base is fitted to hold a tea light candle. From the information you provided, this candle holder will be available in six translucent color glasses, and is designed to meet all ASTM safety standard and labeling requirements. In your submission

CBP rationale

The applicable subheading for the glass candle holder, Item Number A072MA00431, 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.

Full text

N053537 March 20, 2009 CLA-2-94:OT:RR:NC:1:110 CATEGORY: Classification TARIFF NO.: 9405.50.4000 Mr. Troy D. Crago Atico International USA, Inc. 501 South Andrews Avenue Fort Lauderdale, FL 33301 RE: The tariff classification of candle holder from China. Dear Mr. Crago: In your letter dated February 27, 2009, you requested a tariff classification ruling. The merchandise under consideration is a glass candle holder, Item Number A072MA00431. A sample of the item was submitted with your ruling request and will be returned to you. The candle holder is constructed of a glass cup in a tulip shape measuring approximately 3.6 inches tall with a top diameter of 3 inches at its widest point and an interior base diameter of 1½ inches. The base is fitted to hold a tea light candle. From the information you provided, this candle holder will be available in six translucent color glasses, and is designed to meet all ASTM safety standard and labeling requirements. In your submission you stated that this item is being marketed by your Christmas division for household use during the Christmas holiday. However, the candle holders do not feature a three-dimensional representation of a symbol or motif clearly associated with the holiday. The applicable subheading for the glass candle holder, Item Number A072MA00431, 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

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