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NY K89034




September 17, 2004

CLA-2-69:RR:NC:1:126 K89034

CATEGORY: CLASSIFICATION

TARIFF NO.: 6913.90.5000, 9405.50.4000, 3406.00.0000

Ms. Rita Powell
FTD, Inc
3113 Woodcreek Drive
Downers Grove, IL 60515

RE: The tariff classification of a ceramic photo frame, a ceramic vase, a ceramic candleholder and a candle from China

Dear Ms. Powell:

In your letter dated August 24, 2004, you requested a tariff classification ruling. Representative samples of the items you wish to import were submitted with your ruling request.

The subject merchandise, which is described as article catalogue number 0511, consists of the following items: a ceramic photo frame, a ceramic bud vase, a ceramic candleholder and a candle.

You stated in a telephone conversation that the above items will be marketed, advertised and sold as a set for retail purposes. However, since the photo frame, vase, candleholder and candle are not put up together to meet a particular need or carry out a specific activity, they do not constitute a set under General Rule of Interpretation 3(b). They will be separately classified for tariff purposes.

The ceramic (non-porcelain) photo frame measures approximately 8 inches in height and 6 inches in width. It is decorated with a hand-painted floral motif and is designed to accommodate a 4 inch x 6 inch photo.

The ceramic (non-porcelain) bud vase measures approximately 6 inches in height and 3 3/4 in diameter at the top opening. If is decorated with the same hand-painted floral motif as the photo frame.

The applicable subheading for the ceramic (non-porcelain) photo frame and the ceramic (non-porcelain) bud vase will be 6913.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ornamental articles of ceramicother. The rate of duty will be 6 percent ad valorem.

The ceramic (non-porcelain) candleholder measures approximately 1 1/2 inches in height. It features a round pedestal stand measuring approximately 3 1/2 inches in diameter, which will be utilized to hold a candle. It is also decorated with the same hand-painted floral motif.

The applicable subheading for the ceramic candleholder 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.

The last item is a pink-colored candle molded into the shape of a vase. The exterior surface of the article is decorated with pink-colored wax flowers on a vine. The candle measures approximately 6 1/4 inches in height and 4 3/8 inches in diameter at the top opening.

The applicable subheading for the candle will be 3406.00.0000, HTS, which provides for candles, tapers and the like. The rate of duty will be free.

Candles from China may be subject to anti-dumping duties administered by the U.S. Department of Commerce, Import Administration. You may contact them at 14th St. and Constitution Ave. NW, Washington, DC 20230, phone number (202) 482-0162.

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 Jacob Bunin at 646-733-3027.

Sincerely,

Robert B. Swierupski
Director,

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