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NY K88549




August 19, 2004
CLA-2-95: RR: NC: 1:108 K88549

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Ms. Carol Jones
Polardreams International Ltd.
1100 North 4th Street
Fairfield, IA 52556

RE: The tariff classification of votive holder gift set from China.

Dear Ms. Jones:

In your letter dated August 12, 2004 you requested a tariff classification ruling.

The item in question is a glass votive candle gift set denoted as item number NC3575. It is composed of three glass votive candleholders, each approximately 2” in height. Also included are three votive candles designed to be placed inside the glass holders. It is stated that this gift set will be put up for sale at retail in its imported condition without any repackaging.

It is the opinion of this office that the gift set conforms to Explanatory Note X and is a set. The essential character of the set is imparted by the glass votive candleholders.

The applicable subheading for the glass votive candle holder 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 state that this merchandise, in regard to the votive candles, is not 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 from the DOC web-site 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 decision 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. In regard to other restraints, there is currently no visa or quota restrictions pertaining to this merchandise.

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 Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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