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NY H87888




February 13, 2002

CLA-2-94:RR:NC:2:227 H87888

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Ms. Rita Pitts
Dillard’s, Inc.
1600 Cantrell Road
Little Rock, AR 72201

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

Dear Ms. Pitts:

In your letter dated January 29, 2002, you requested a tariff classification ruling. Sample is being returned as requested.

The sample submitted is a candleholder set, style number 217A21464, that consists of a round-shaped aluminum candleholder measuring approximately 7 inches in base diameter by 1 1/8 inches in height. The holder is decorated in the following manner: a colored epoxy around the top; a metal dragonfly affixed to the top rim; and a foliage-like motif in bas-relief around the circumference. It features a top indentation, measuring about 4 1/8 inches in diameter, that is designed for the insertion of a cylinder-shaped candle (same color as the epoxy) measuring about 4 inches in height by 4 inches in diameter. The essential character of this set is imparted by the metal candleholder.

You claim that this item is properly classified under subheading 7615.19.7060, Harmonized Tariff Schedule of the United States (HTS), which provides for table, kitchen or other household articles and parts thereof, of aluminumother, other. However, since the subject merchandise is principally designed for use as a candleholder, consideration of classification under subheading 7615.19.7060, HTS, is precluded.

The applicable subheading for this candleholder set 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.

You have stated that the candle in this set is subject to antidumping duties. In regard to this matter, a list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from 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. 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 646-733-3028.

Sincerely,

Robert B. Swierupski
Director,

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