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NY I82274




June 24, 2002

CLA-2-94:RR:NC:2:227 I82274

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Mrs. Jean Fair
Liss Global, Inc.
7746 Dungan Road
Philadelphia, PA 19111

RE: The tariff classification of a candleholder and candle from China

Dear Mrs. Fair:

In your letter dated May 23, 2002, you requested a tariff classification ruling.

The article consists of a candleholder with a red and white colored candle.

You contend that the red and white colored candle is a symbol of the 4th of July Holiday and that the item is classified within the Festive HTS heading. We disagree. The article is a functional item that is used throughout the year and is not symbolic of any holiday.

The article is classified as a set with the candleholder imparting the essential character.

The applicable subheading for the above candleholder and candle 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.

This article may be subject to antidumping duties (AD) or countervailing duties (CVD). 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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