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NY F80157




December 17, 1999

CLA-2-69:RR:NC:2:227 F80157

CATEGORY: CLASSIFICATION

TARIFF NO.: 6913.90.5000; 9405.50.4000; 3406.00.0000

Ms. Trish Bender
Wholesale Supply Company, Inc.
P.O. Box 24600
Nashville, TN 37202

RE: The tariff classification of ceramic photo frames and candleholders with candles from China.

Dear Ms. Bender:

In your letter dated November 29, 1999, you requested a tariff classification ruling. Samples are being returned as requested.

The subject merchandise consists of the following articles:
a) a square-shaped yellow-colored ceramic photo frame (style number 200011CDG – sample submitted), measuring about 6 ¾ inches square, that features a floral-like motif on its exterior and possesses a paperboard backing that is designed to be opened and secured via swivel metal clips. It also has a clear glass window, containing a paper photo, and a posterior paperboard stand for displaying purposes.
b) a candleholder, together with a candle, (style number 200011CDG - sample submitted), which is made up of a flower-pot shaped yellow-colored ceramic holder that measures approximately 3 ½ inches high with an open top diameter of 3 inches. It contains a candle with wick, measuring about 2 ½ inches high with a top diameter of 2 ¾ inches, that is molded into the shape of a pillar and designed to be fitted into the ceramic holder.
c) similarly constructed ceramic photo frames and candleholders with candles, style numbers 200010CDG, 200012CDG and 200013CDG, that are colored in white, green and blue, respectively.

It is stated that the above photo frames, candleholders and candles will be marketed, advertised and sold as a set for retail purposes. However, since the photo frames, candleholders and candles, in regard to the General Rule of Interpretation 3 (b), are not put up together to meet a particular need or carry out a specific activity, they will be separately classified for tariff purposes.

The applicable subheading for the ceramic photo frames will be 6913.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ornamental ceramic articles, other. The rate of duty will be 6 percent ad valorem in noting the rate of duty will remain the same commencing in January of 2000.

The applicable subheading for the ceramic candleholders will be 9405.50.4000, HTS, which provides for other non-electrical lamps and lighting fittings, other. The rate of duty will be 6 percent ad valorem in noting the rate of duty will remain the same commencing in January of 2000. The applicable subheading for the candles will be 3406.00.0000, HTS, which provides for candles, tapers and the like. The rate of duty will be free.

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, in our opinion, the candles are within the scope of the antidumping duty order.

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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