The tariff classification of a porcelain candle holder from China.

N144355 February 10, 2011 CLA-2-69:OT:RR:NC:N4:428 CATEGORY: Classification TARIFF NO.: 6913.90.5000 Mr. Troy D. Crago-Edwards Atico International USA, Inc. 501 South Andrews Avenue Fort Lauderdale, FL 33301 RE: The tariff classification of a porcelain candle holder from China. Dear Mr. Crago-Edwards: In your letter dated January 21, 2011, you requested a tariff classification ruling. The submitted merchandise is identified as Item Number A072MA00250, which is described as a “Christmas Pillar Candle Holder”. The item is made of 100% porcelain and measures 4.25” D by 6.25” H. The item will be available in four cutout designs, representing snowflakes, cardinals, holly berries, and leaves. All of the items are hand painted with an unglazed finish. The item is designed to hold a 3” diameter pillar candle. You have submitted photographs depicting the candle holders. You state that the item is being marketed by your Christmas division for decorative household use. You suggest classification in 9405.50.4000, Harmonized Tariff Schedule of the United States (HTSUS). Although this item can accommodate a pillar candle (not included), the illumination of a lit candle would only serve to enhance the cutout designs and decorative appeal of the article. Therefore, the item is not regarded as a non-electrical lamp or lighting fitting of heading 9405, HTSUS. The applicable subheading for the porcelain candle holder, identified as “Christmas Pillar Candle Holder”, Item Number A072MA00250 will be 6913.90.5000, HTSUS , which provides for "Statuettes and other ornamental ceramic articles: Other: Other: Other." The rate of duty will be 6% 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 428 at (646) 733-3028. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division