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NY F83888




March 22, 2000

CLA-2-94:RR:NC:2:227 F83888

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Ms. Alice Liu
Atico International USA, Inc.
P.O. Box 14368
Ft. Lauderdale, FL 33302

RE: The tariff classification of glass candleholder sets from China and Taiwan.

Dear Ms. Liu:

In your letter dated February 22, 2000, you requested a tariff classification ruling. Samples are being returned as requested.

The samples submitted consist of the following articles:
a glass candleholder set, item number W74T5595, that is composed of three square-shaped glass holders affixed between two glass panels, which measure approximately 6 ½ inches in height by 6 ½ inches in diameter, with a flat base. The holders, measuring about 2 3/8 by 2 3/8 by 1/5 inches, possess circular-shaped openings that are designed to contain wax-filled glass containers measuring nearly 2 1/8 inches in height by 2 1/8 inches along their top diameter. There is also a design depicting Santa on sleigh with reindeer above the wording “Merry Christmas” situated on the exterior portion of the panels.
a glass candleholder set, item number W29I7555, that measures approximately 3 1/8 inches in height by 9 inches in circumference with an open top diameter of 2 1/8 inches and a base diameter of 1 5/8 inches. It possesses an exterior floral-like motif and contains a tea light candle measuring about 1 ½ inches in diameter.

It is stated that the candleholder set, item number W74T5595, will originate in China, while the other glass candleholder set, item number W29I7555, will originate in Taiwan.

The applicable subheading for these glass candleholder sets will be 9405.50.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other non-electrical lamps and lighting fittings, other. The rate of duty will be 6 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. In our opinion, the wax-filled containers in the above-described set, item number W74T5595, 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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