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NY G86169





February 14, 2001

CLA-2-94:RR:NC:2:227 G86169

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Mr. Warren E. Coe
Amway Corporation
7575 E. Fulton Road-Dept.55-1C
Ada, Michigan 49355

RE: The tariff classification of a candleholder set from China.

Dear Mr. Coe

In your letter dated January 5, 2001, you requested a tariff classification ruling.

The article in question, item number T847/GD5461, is described as a three section black wire candleholder that stands 12.5 inches high that holds 6 tealight candles. The candleholder and 6 tealight candles are packed together ready for sale at retail. The value of the holder is $2.20 and the value of the 6 candles, in total, is $0.80. The essential character of the set is imparted by the candleholder.

Many candles are covered by antidumping proceedings and, therefore, may be liable for antidumping duties. A list of AD/CVD proceedings at the Department of Commerce and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov. Written decisions regarding regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and we are separate from tariff classification and origin rulings issued by Customs.

The applicable subheading for this candleholder set, item T847/GD5461, 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.

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,
National Commodity

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