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NY D82734




October 14, 1998

CLA-2-94:RR:NC:2:227 D82734

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Ms. Christine Basile LCB
Kohl's Department Stores, Inc.
N56 W17000 Ridgewood Dr.
Menomonee Falls, WI 53051

RE: The tariff classification of candle holders from China.

Dear Ms. Basile:

In your letter dated September 23, 1998, you requested a tariff classification ruling. The glass samples, which were received in a broken condition, will not be returned.

The subject merchandise is wax-filled candle holders, composed of glass and metal components, which consist of the following:
a) style number 8G-693 measuring approximately 6 inches long by 1 1/2 inches wide by 4 inches high.
b) style number 8G-691 measuring approximately 4 1/2 inches long by 1 1/2 inches wide by 4 1/2 inches high.
c) style number 8G-692 measuring approximately 4 inches long by 1 1/2 inches wide by 6 inches high.

The instant articles feature two oblong-shaped glass panels with an open oval-shaped metal receptacle which is securely fitted between the panels and is filled with wax containing a wick.

The applicable subheading for these wax-filled candle holders will be 9405.50.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other non-electrical lamps and lighting fittings. The rate of duty will be 6.3 percent ad valorem.

The Department of Commerce has determined that candles in the following shapes: tapers, spirals, straight-sided dinner candles; rounds, columns, pillars, votives; and various wax-filled containers are subject to the Antidumping Act on petroleum-wax candles from China. Therefore, the value of the candles from China will be assessed an antidumping duty of 54.21 percent ad valorem.

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 George Kalkines at 212-466-5794.

Sincerely,

Robert B. Swierupski
Director,

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