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NY H81566




June 26, 2001

CLA-2-95:RR:NC:SP:225 H81566

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Ken August
Fun World
Easter Unlimited, Inc.
80 Voice Road
Carle Place, NY 11514

RE: The tariff classification of a Halloween candelabrum from China

Dear Mr. August:

In your letter dated May 24, 2001, received in this office on May 30, 2001, you requested a tariff classification ruling.

A sample of the “Spider Web Candelabra”, item 8958, was submitted with your inquiry. The article consists of a black plastic candelabrum with three molded wax candles. The candelabrum resembles a spider’s web with a full-figured spider hanging alongside the web. The item has three branches to hold the candles. The center branch stands higher than the two on either side. Each of the candles is molded in a ball shape and bears the likeness of a spider’s web with spiders crawling on it. Another version of the same product contains candles depicting jack-o-lanterns instead of a spider’s web. In either case, the essential character of the set is imparted by the candleholder.

With regards to your inquiry on dumping, 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 DCO 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.

The applicable subheading for the “Spider Web Candelabra”, item 8958 (including styles with spider web or jack-o-lantern candles), will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: other: other. The rate of duty will be free.

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 Alice J. Wong at 212-637-7028.

Sincerely,

Robert B. Swierupski
Director,

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