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NY F82068





January 28, 2000

CLA-2-94:RR:NC:2:227 F82068

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Mr. Stan Klementowich
Fine Arts Marketing, Inc.
90 West Afton Avenue, Suite 201
Yardley, PA 19067

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

Dear Mr. Klementowich:

In your letter dated January 17, 2000, you requested a tariff classification ruling.

The article to be imported is described as a set consisting of a hollowed out wax square candle holder, impregnated with dried flowers, and a glass container filled with a wax candle. The set will be imported packed ready for sale at retail.

The applicable subheading for the candle holder and candle 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 is within the scope of the antidumping order on petroleum wax candles from 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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