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NY F84007




March 22, 2000

CLA-2-94:RR:NC:2:227 F84007

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Mr. Gary Miniman
Grand Pacific International, Ltd.
5507-10 Nesconset Highway, Ste. 335
Mt. Sinai, NY 11766

RE: The tariff classification of a candleholder set from China.

Dear Mr. Miniman:

In your letter dated March 2, 2000, you requested a tariff classification ruling.

The sample submitted is a candleholder set, referred to as “Accent on Home,” that consists of a barrel-shaped silver-sprayed ceramic holder measuring approximately 4 5/8 inches in height with a diameter of 5 ¼ inches. The top of the holder features three distinct areas of concentric circles for the insertion of different-sized candles (pillar, votive and taper) in noting this set includes a pillar candle measuring about 6 inches in height by 3 inches in diameter. The essential character of the set is imparted by the candleholder.

The applicable subheading for this candleholder set 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 pillar candle included in the above-described set is 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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