HQ 957457: Pre-classification 895431 concerning glassware; Superseded

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                           HQ 957457
                                
                        January 27, 1995
                                
CLA-2 CO:R:C:M 957457 MMC

CATEGORY: Classification

TARIFF NO.: 9405.50.40

Mr. Sid Berkowitz, President
Jane Products
235L Robbins Lane
Syosset, NY 11791

RE: Pre-classification 895431 concerning glassware; Superseded

Dear Mr. Berkowitz:

     This is in reference to pre-classification (PC)895431 dated
March 21, 1994, in which you were advised by the District
Director of Customs, Ogdensburg, NY, of the classification of
various glass articles under the Harmonized Tariff Schedule of
the United States (HTSUS).  As you are aware, in PC 895431 the
District Director classified several candle holders.  Among them 
were your item numbers 2253, 2254, and 2244 which appeared in PC
895431 as numbers 293, 294, and 266.   

     After reviewing the pre-classification decision, we have
determined that the articles identified by the specified numbers
were inadvertently classified under subheading 7013.39.20, HTSUS,
which provides, in pertinent part, for glassware of a kind used
for table, kitchen, toilet, office, indoor decoration or similar
purposes (other than that of heading 7010 or 7018) (con.):
glassware of a kind used for table (other than drinking glasses)
or kitchen purposes other than that of glass-ceramics: other:
other: valued not over $3 each.              

     These articles are properly classifiable under subheading
9405.50.40, HTSUS, which provides for lamps and lighting fittings
including searchlights and spotlights and parts thereof, not
elsewhere specified or included; illuminated signs, illuminated
nameplates and the like, having a permanently fixed light source,
and parts thereof not elsewhere specified or included (con.):
non-electrical lamps and lighting fittings: other.  For a
detailed explanation of the classification of similar glass
candle holders under this subheading, please see Headquarters
Ruling Letter 956108 dated May 16, 1994.  The current rate of
duty is 7.3 % ad valorem.

     Therefore, PC 895431 is superseded to reflect these
corrections.  Please contact Mary Beth McLoughlin, of my staff,
at (202) 482-7062, should you have questions.

                                   Sincerely,



                                   John Durant, Director
                                   Commercial Rulings Division