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NY F85361




April 18, 2000

CLA-2-94:RR:NC:2:227 F85361

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Mr. Arlen T. Epstein
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of a non-electrical candle lamp from China.

Dear Mr. Epstein:

In your letter dated March 30, 2000, on behalf of Avon Products, Inc., you requested a tariff classification ruling. Sample is being returned as requested.

The sample submitted is a non-electrical candle lamp, referred to as the “Tea Light Lamp” (item number PP 203734), that measures approximately 9 ½ inches in height with a base diameter of 3 inches. It is composed of a polyresin body that has a top opening fitted with a glass cup. It features a tea light candle that will be inserted into the cup, in addition to possessing a decorated textile shade that will be in-held-place upon the cup’s exterior. It has been determined that the subject merchandise is a set with the essential character being imparted by the decorative candleholder.

The applicable subheading for the Tea Light Lamp 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 tea light candle 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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