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NY E86437




September 23, 1999

CLA-2-94:RR:NC:2:227 E86437

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Mr. Peter D. Alberdi
A.J. Arango, Inc.
1516 E. 8th Avenue
Tampa, Florida 33605

RE: The tariff classification of candle holders and a candle from China.

Dear Mr. Alberdi:

In your letter dated August 18, 1999, you requested a tariff classification ruling.

The three articles to be imported are described as follows:

1. A candle holder measuring approximately 2 1/2 inches in diameter by 5 3/4 inches in height composed of wax and sea shells. At the top of the holder is a glass insert measuring approximately 2 1/4 inches in diameter by 2 inches in height.

2. A candle holder measuring approximately 2 1/2 inches in diameter by 5 3/4 inches in height composed of wax and sea shells.

3. A candle holder measuring approximately 2 1/2 inches in diameter by 5 3/4 inches in height composed of wax and sea shells. At the top of the holder is a glass insert measuring approximately 2 1/4 inches in diameter by 2 inches in height with a candle measuring approximately 1 3/8 inches in diameter by 2 inches in height.

The applicable subheading for the three items described above will be 9405.50.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other nonelectrical lamps and lighting fittings. The rate of duty will be 6 percent ad valorem.

The Department of Commerce has determined that petroleum wax candles in the following shapes: tapers, spirals, and straight-sided dinner candles; rounds, columns, pillars, votives; and various wax-filled containers are within the scope of the antidumping duty order on petroleum wax candles from China. In our opinion, the above described candle in item three is within the scope of the antidumping order on petroleum wax candles fromm China.

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 212-637-7073.

Sincerely,

Robert B. Swierupski
Director,

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