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NY H86750




January 14, 2002

CLA-2-34:RR:NC:2:237 H86750

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000; 9405.50.3000

Ms. Lesa R. Hubbard
J. C. Penney Purchasing Corporation
P. O. Box 10001
Dallas, Texas 75301-0001

RE: The tariff classification of wax-filled candleholders from China.

Dear Ms. Hubbard:

In your letter dated December 13, 2001 you requested a tariff classification ruling.

The three samples submitted consist of the following wax-filled candleholders:

Style #-0002, is a glass jar candleholder with glass lid measuring approximately 3 1/4 inches high by 3 3/8 inches diameter. The lid has a plastic gasket which fits securely on top of the jar. Style #-0003, is a terra cotta flower pot candleholder measuring approximately 2 5/8 inches high and 3 1/4 inches in diameter. Style #- 744-2956, is a brass and glass candleholder with brass lid measuring approximately 5 5/8 inches high to the top of its finial and 3 1/2 inches in diameter at the brass base.

The applicable subheading for wax-filled candleholders Styles #-0002 and #-0003 will be 3406.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for candles, tapers and the like. The rate of duty will be free.

The applicable subheading for the wax-filled brass and glass candleholder will be 9405.50.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for non-electrical lamps and lighting fittings: other: of brass. The rate of duty will be 5.7 percent ad valorem.

These articles may be subject to antidumping duties. 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. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained for the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W.Washington, DC 20230.

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 Frank Cantone at 646-733-3038.

Sincerely,

Robert B. Swierupski
Director,

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