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NY G80184




August 4, 2000

CLA-2-70:RR:NC:2:226 G80184

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 25, 2000, on behalf of your client, Consolidated Stores, Inc., you requested a tariff classification ruling. A representative sample of the item was submitted and will be returned to you as requested.

The submitted sample (item #H054) is a set of three cylinder-shaped glasses, each having a metal stand and a round floating candle. The glass cylinders measure approximately four and three-quarter inches, six and one-quarter inches and seven and three-quarter inches in height with each item having a three and one-half inch opening at the top. Each candle measures approximately three inches in diameter and has a straight side of three-quarter inches, and is packaged in plastic.

You indicated in your letter that the set of three cylinder-shaped glasses with metal stands and floating candles will be packaged together for retail sale in their imported condition.

The glass components represent the essential character of this set. You indicated in your letter that the unit values of the glass cylinders are $0.45, $0.55 and $0.65, respectively. The applicable subheading for the set (item #H054) 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 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 three 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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