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NY G80245




August 7, 2000

CLA-2-70:RR:NC:2:226 G80245

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.99.5000

Mr. Rolando E. Portal
Eckerd Corporation
P.O. Box 4689
Clearwater, FL 33758

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

Dear Mr. Portal:

In your letter dated July 24, 2000, you requested a tariff classification ruling. A photograph depicting the item was submitted with your ruling request.

The subject article, item number 223697, consists of a clear cylinder-shaped glass, 500 grams of glass beads and a round floating candle. You indicated that the glass cylinder measures approximately six inches in height and three and five-eighth inches in diameter at the opening. The candle measures approximately three and one-half inches in diameter and one and one-half inches in height.

According to supplemental information which you submitted, the glass cylinder, glass beads and candle will be packed together for retail sale as a set in their imported condition.

The glass cylinder represents the essential character of this set. You indicated in your letter that the unit value of the glass cylinder is $1.40.

The applicable subheading for the set (item no. 223697) 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: 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 round floating candle is 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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