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NY I85291




August 30, 2002

CLA-2-94:RR:NC:2:227 I85291

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Ms. Bernice Rudd
Wal-Mart Stores , Inc.
601 N. Walton
Bentonville, AR 72716-0410

RE: The tariff classification of a candleholder set from China

Dear Ms. Rudd:

In your letter dated August 9, 2002, you requested a tariff classification ruling. The submitted sample will be returned as requested.

The article, style number MG01633, consists of three iron candleholders, hand painted with a rose design, and three pillar candles. The holders come in three different sizes; 5, 7 and 9 inches tall. The pillar candles each measure 3 inches in diameter and 3 inches in height. The article is classified as a set with the candleholders imparting the essential character.

The applicable subheading for the candleholder set, style number MG01633, 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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