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NY F89852




August 7, 2000

CLA-2-70:RR:NC:2:226 F89852

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.99.5000

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

RE: The tariff classification of a decorative glass article from China

Dear Mr. Hoffacker:

In your letter dated July 13, 2000, on behalf of your client, Consolidated Stores, Inc., you requested a tariff classification ruling. A photograph of the item was submitted with your ruling request.

The subject merchandise, which is identified as item #H055, is a three-piece set consisting of three cylinder-shaped glasses and three round floating candles. The glass cylinders measure four and three-quarter inches, six and one-quarter inches and seven and three-quarter inches in height. Each candle measures approximately three inches in diameter and has a straight side of three-quarter inches.

You indicated that the cylinder shaped glasses and floating candles will be packaged together for retail sale in their imported condition.

The cylinder shaped glass component represents the essential character of this set. You indicated in your letter that the unit values of each glass will be $0.60, $0.75 and $1.05, respectively. The applicable subheading for the glass cylinders and candles (item #H055) will be 7013.99.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration, or similar purposes: other glassware: other: other: valued over $0.30 but not over $3.00 each. The rate of duty will be 30 percent ad valorem.

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 round floating candles are 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 Jacob Bunin at 212-637-7074.

Sincerely,

Robert B. Swierupski
Director,

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