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NY I86164




September 20, 2002

CLA-2-94:RR:NC:2:227 I86164

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Ms. Cari Grego
Dollar Tree Stores, Inc.
500 Volvo Parkway
Chesapeake, Virginia 23320

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

Dear Ms. Grego:

In your letter dated September 9, 2002, you requested a tariff classification ruling.

The submitted sample, article SKU 806761, is a candleholder set that measures 6 inches in height and is identified as “Taper Candleholder-Floating Stem.” The set features an opened spiral shaped iron stand that contains a narrow-bodied glass holder with an open top having a diameter of 2.5 inches. The holder contains a spiral shaped paraffin wax candle, measuring 4 inches long and .5 inches wide, that is designed to float when the holder is filled with water. The article is classified as a set with the candleholder imparting the essential character.

The applicable subheading for the taper candleholder set, article SKU 806761, 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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