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NY G82254





October 2, 2000

CLA-2-94:RR:NC:2:227 G82254

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000; 7323.99.9060

Ms. Alice Liu
Atico International USA, Inc.
P.O. Box 14368
Ft. Lauderdale, FL 33302

RE: The tariff classification of two candleholder sets and a trinket box from China.

Dear Ms. Liu:

In your letter dated September 7, 2000, you requested a tariff classification ruling. Samples are being returned as requested.

The articles in question are identified as follows:

Item C29G0116- the sample submitted is a round shaped silver plated iron wire trinket box.

Item C29G-0121- the sample submitted is a candleholder set that consists of a round shaped silver plated iron wire holder and a glass candleholder which measures 3 inches in height and 2 inches in diameter. A candle is not included with the set.

Item C29G0144- a sample was not submitted. The article is described as a candleholder set that consists of a daisy shaped silver plated wire holder, a glass candleholder which measures 3 inches in height and 2 inches in diameter and 6 votive candles. The essential character of the set is imparted by the candleholder.

The applicable subheading for the candleholder sets, items C29G-0121 and C29G0144, 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.

The applicable subheading for the trinket box, item C29G0116, will be 7323.99.9060, HTS, which provides for other household articles of iron or steel, other. The rate of duty will be 3.4 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 six votive candles of item C29G0144, are within the scope of the antidumping duty order on petroleum wax candles from China.

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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