The tariff classification of candleholders from China.

N091279 February 17, 2010 CLA-2-94:OT:RR:NC:1:110 CATEGORY: Classification TARIFF NO.: 9405.50.4000 Ms. Kay Morrell JCPenney Purchasing Corporation 6501 Legacy Drive, MS 2316 Plano, TX 75024 RE: The tariff classification of candleholders from China. Dear Ms. Morrell: In your letter dated January 15, 2010 you requested a tariff classification ruling. Under consideration are two styles of candleholders, item numbers 045-8533 and 0482. Samples were submitted with your ruling request and will be returned to you. Item number 045-8533 consists of a set of three candleholders in the classic design of stemware candlesticks. The three candleholders are identical in all respects except that of height, which vary from 12 inches to 11 inches to 10 inches. The candleholders feature a circular clear glass base measuring 3¾ inches in diameter, with a clear glass stem supporting a tulip-shaped receptacle specifically fitted to hold a tealight or votive candle. The receptacle is made of translucent red and clear glass with gold etching around its fluted rim, and measures approximately 3 inches high with an open top diameter of 3 inches tapering to an inside diameter of 1½ inches. Item number 0482 is a candleholder measuring approximately 2½ inches high with an open top diameter of 2 inches tapering to an inside diameter of 1½ inches. It is made of glass and decorated with gold-colored glass mosaic tiles, and is specifically sized to hold a votive candle, with the flame clearly visible and providing light to the surrounding area. The applicable subheading for the candleholders, item numbers 045-8533 and 0482, 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 duty rate 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/. Your inquiry does not provide enough information for us to give a classification ruling on item 0475. Your request for a classification ruling should include the following information: The American Society for Testing and Materials (ASTM) provides minimum requirements for glass “Candle Accessories” and candle burners. Have these items been tested in accordance with the candle accessory standards provided by ASTM International (F 2417 and F 2601)? If so, please provide the results and name the issuing authority. Please provide the general physical characteristics of the merchandise; the use, if any, in the same manner as merchandise which defines the class; the expectations of the purchasers of the merchandise; the channels of trade in which the merchandise moves; and environment of the sale of the merchandise. Unit value of the item. The unit value is the price at which a single item is sold by the foreign seller to the American importer. Please provide packaging, advertisements, industry publications, and statistics re: sale, use, marketing, etc. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you. 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