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NY F85849




April 28, 2000

CLA-2-94:RR:NC:2:227 F85849

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Mr. Jack Kilmartin
Yamato Customs Brokers U.S.A., Inc.
377 Oyster Point Blvd., Ste. 15
So. San Francisco, CA 94080

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

Dear Mr. Kilmartin:

In your letter dated March 31, 2000, on behalf of Westland Giftware, Inc., you requested a tariff classification ruling.

The samples submitted consist of the following articles:
a candleholder set, item number 5060, that consists of a round-shaped container (stated to be composed of agglomerated stone) which measures approximately 3 ½ inches in diameter by 2 ¼ inches in height with an interior depth of 1 ¾ inches. It is designed to contain a glass holder, possessing a flared rim, that measures about 1 7/8 inches in height with an open top diameter of 2 ¼ inches. Further, there is a votive candle, measuring about 2 ¼ inches in height by 1 ½ inches in diameter, that is inserted into this glass receptacle.
a non-electrical candle lamp, item number 5753, that measures approximately 8 ¼ inches high. It features a stand depicting two owls among foliage and an owl resting on a tree branch, all stated to be composed of agglomerated stone. It possesses a cylindrical-shaped metal receptacle, affixed to the top of the owl’s head, that contains a votive candle. Further, there is a dark, green-colored glass shade that rests on a tripod-shaped metal frame which is affixed to the receptacle’s exterior.

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 subject candles, which are contained within the above candleholder set and candle lamp, are within the scope of the antidumping duty order.

The applicable subheading for the candleholder set and the non-electrical candle 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.

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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