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NY G86620




February 12, 2001

CLA-2-94:RR:NC:2:227 G86620

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Ms. Pilar Dorfman
E. Besler & Company
Customs Broker
P.O. Box 66361
Chicago, IL 60666-0361

RE: The tariff classification of candleholder sets from China.

Dear Ms. Dorfman:

In your letter dated January 11, 2001, on behalf of LTD Commodities, Inc., you requested a tariff classification ruling. Samples are being returned as requested excepting the glass holders that were broken upon receipt.

The samples submitted consist of the following candleholder sets:
a wrought iron pole-shaped holder, measuring approximately 14 inches in height, that features a curved top and ring-like base, in addition to its body being decorated with artificial greenery and flowers. Its top portion holds the frame of an oval-shaped lantern-like receptacle of wrought iron, measuring about 7 ½ inches high, that contains a round-shaped glass candleholder. There is also a tea light candle that is inserted into this glass holder.
a wrought iron framework of an angel, measuring approximately 14 ½ inches in height with a wingspan of 11 ¼ inches, that features a ring-like base. It depicts the angel’s arms extending around to form a ring-shaped holder that is designed to contain a goblet-shaped glass candleholder. There is also a tea light candle that is inserted into this glass holder.

It is noted that the metal portion of this merchandise possesses a weathered verdigris finish.

The applicable subheading for these candleholder sets 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.

In regard to your query concerning import restrictions, there is currently no quota or visa requirement with respect to this merchandise.

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 the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.

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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