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NY H89438




April 8, 2002

CLA-2-94:RR:NC:2:227 H89438

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Mr. Dana L. Trout
Trans-Trade, Inc.
P.O. Box 612369
DFW Airport, TX 75261

RE: The tariff classification of a candleholder kit from China

Dear Mr. Trout:

In your letter dated March 14, 2001, on behalf of Graphex, Inc., you requested a tariff classification ruling.

The submitted sample is called a Complete Patriotic Luminaria Kit. The kit consists of the following items:
a) 6 Lumabases (valued at $.70 per kit) b) 6 Die-cut cardboard pattered inserts (valued at $.55 per kit) c) 6 Paper bags (valued at $.18 per kit) d) 6 Tealite candles (valued at $.18 per kit)

The kit is a set for tariff purposes with the lumabases imparting the essential character.

The applicable subheading for the luminaria kit will be 9405.50.4000, HTS, which provides for other non-electrical lamps and lighting fittings other. The rate of duty will be 6 percent ad valorem.

This product may be subject to antidumping duties or countervailing duties. 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. 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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