CLA-2-94:OT:RR:NC:N1:110

Ms. Jeanette Arciero
Barthco International, division of OHL
CVS Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of a glass jar candle light from China

Dear Ms. Arciero:

In your letter dated December 9, 2013, on behalf of CVS/Pharmacy, you requested a tariff classification ruling. A sample was submitted with your letter and will be returned to you.

The submitted sample is identified as the Mason Jar Candle Holder, Item Number JM09232. Based on the submitted sample and the information that you have provided, the Mason Jar Candle Holder is a candle lamp. The article consists of a green colored glass mason jar measuring approximately 7 inches tall by 3½ inches in diameter at its widest points. A wire carrying/hanging handle is attached to the top of the lantern. The glass jar has a screw top metal lid with a cutout star-design for ventilation. Attached to the lid, inside the glass, there are two metal wire prongs suspending a metal circular vessel specifically designed for holding a tealight candle. Included in the sample box are a decorative piece of burlap and a string of raffia tied into a bow. The burlap measures approximately three 3 inches wide, intended for wrapping around the glass jar. The candle light is designed for placement onto any flat surface virtually anywhere and may be hung by its handle.

The applicable subheading for the Mason Jar Candle Holder, Item Number JM09232, 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 Hope Abada at (646) 733-3016.

Sincerely,

Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division