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NY F87604




June 9, 2000

CLA-2-68:RR:NC:2:226 F87604

CATEGORY: CLASSIFICATION

TARIFF NO.: 6810.99.0000

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

RE: The tariff classification of an agglomerated stone article from China

Dear Mr. Kilmartin:

In your letter dated May 15, 2000, on behalf of your client Westland Giftware, Inc., you requested a tariff classification ruling. A representative sample of the item was submitted with your ruling request.

The subject article, which is identified as aroma burner set (#5742), consists of an agglomerated stone figurine, a porcelain bowl, a petroleum wax votive candle, and a small vial of oil. The agglomerated stone figurine depicts an elephant sitting in a forest-like setting. It measures approximately six inches in height by five inches in length by three inches in width. The elephant’s trunk holds a small shallow porcelain bowl, which is hanging from a metal chain. A petroleum wax votive candle rests beneath the bowl. When scented oil is placed in the bowl and the candle is lit, a fragrant aroma is produced.

According to the information which you submitted, all of the items (agglomerated stone elephant figurine, porcelain bowl, candle and vial of oil) will be packaged together for retail sale as a set in their imported condition.

The essential character of this set is represented by the agglomerated stone elephant figurine. You indicated in your letter that the figurine is composed of natural crushed limestone agglomerated with plastics resin. The applicable subheading for the decorative agglomerated stone burner set will be 6810.99.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles ofartificial stone, whether or not reinforced: other articles: other. The rate of duty will be free.

The Department of Commerce has determined that petroleum wax candles in the following shapes: tapers, spirals and straight-sided dinner candles; rounds, columns, pillars, votives; and various wax-filled containers are within the scope of the antidumping duty order on petroleum wax candles from China. In our opinion, the candle is within the scope of this 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 Jacob Bunin at 212-637-7074.

Sincerely,

Robert B. Swierupski
Director,

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