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NY F85805




April 28, 2000

CLA-2-94:RR:NC:2:227 F85805

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Mr. Joseph R. Hoffacker
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of candleholder sets from China.

Dear Mr. Hoffacker:

In your letter dated April 5, 2000, on behalf of Consolidated Stores, Inc., you requested a tariff classification ruling.

The subject merchandise, based on the information submitted, consists of the following candleholder sets:
a convex-shaped polyresin candleholder (item number 612/6P-0021A/D) that measures approximately 4 ½ inches long by 2 ¾ inches wide by 1 inch high. It features, at its top midsection, a circular-shaped indentation for containing a sphere-shaped candle which measures about 1 ½ inches in diameter.
a rectangular-shaped polyresin candleholder (item number 612/6P-318A/D) that measures approximately 6 ½ inches long by 5 ¾ inches wide by 1 inch high. It features four circular-shaped indentations for containing sphere-shaped candles with each measuring about 2 inches in diameter.

It has been determined that the essential character of these sets is imparted by the candleholders.

The applicable subheading for these 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. However, the subject merchandise, being sphere-shaped candles, have been found not to be 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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