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NY L85884





July 7, 2005

CLA-2-94:RR:NC:1:108 L85884

CATEGORY: CLASSIFICATION

TARIFF NO: 9405.50.4000

Ms. Joanna Tymejczyk
UPS Supply Chain Solutions
150-20 132nd Avenue
Jamaica, NY 11434

RE: The tariff classification of decorative candleholder sets from China.

Dear Ms. Tymejczyk:

In your letter dated June 15, 2005, on behalf of M. Fortunoff of Westbury, you requested a tariff classification ruling. Samples are being returned as requested.

The submitted samples consist of the following candleholder sets:
a three-branched metal (non-brass) candelabra, style number C426323, that measures approximately 16 inches long by 3 ½ inches high. Along its length, there are three candlesticks, each incorporating a spike, a disk-shaped bobeche and a tubular post, with three taper candles. This candelabra has a tubular base with a ring-shaped support at its midsection; furthermore, its base is securely affixed with a lengthwise décor of artificial branches with such natural products as pinecones.
a three-branched metal (non-brass) candelabra, style number C426885, that measures approximately 16 inches long by 4 inches high. Along its length, there are three candlesticks, each incorporating a spike, a disk-shaped bobeche and a tubular post, with three taper candles. This candelabra has a tubular base with a ring-shaped support at its midsection. Also, its base is securely affixed with a lengthwise décor, which is composed primarily of artificial branches with artificial red berries, leaves and pine needles, as well as natural pinecones.
a three-branched metal (non-brass) candelabra, style number C426450, that measures approximately 16 inches long by 4 inches high. Along its length, there are three candlesticks, each incorporating a spike, a disk-shaped bobeche and a tubular post, with three taper candles. This candelabra is supported by a tubular base with a ring-shaped support at its midsection; furthermore, its base is securely affixed with a lengthwise décor of artificial branches with artificial foliage and berries.

It is noted that this merchandise will be imported in a condition suitable for sale directly to users without repacking.

In regard to the classification of the decorative candleholder set, style number C426885, the issue of the scope of the term “festive articles” under 9505 is currently pending before the United States Court of International Trade in the matter of Waterford Wedgwood USA, Inc. V. United States, Ct Nos. 00-05-00215, 99-03-00133 and 99-11-00721. Section 177.7, Customs Regulations (19 CFR 177.7) provides that rulings will not be issued in certain circumstances. Section 177.7(b) states, in pertinent part, the following:

No ruling letter will be issued with respect to any issue which is pending before the United States Court of International Trade, the United States Court of Appeals for the Federal Circuit, or any court of appeal therefrom.

In light of the prohibition set out in 19 CFR 177.7(b), and as the instant ruling request is closely related to the issue presently pending in the Court of International Trade, we are unable to issue a ruling letter to you with respect to this decorative candleholder set.

When all litigation has been concluded on the case referenced above, you may resubmit your request for a ruling. If you decide to resubmit your request, please include all materials that we have returned to you and mail your request to Director, National Commodity Specialist Division, Bureau of Customs and Border Protection, Attn: CIE/Ruling Request, One Penn Plaza, 10th Floor, New York, NY 10119.

The applicable subheading for the decorative candleholder sets, style numbers C426323 and C426450, 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.

The candles in these sets may be 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 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 and Border Protection.

The importation of merchandise, containing such natural products as pine- cones, may be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). You are advised, in regard to obtaining information on these regulations, to contact the aforementioned agency at the following location: U.S. Department of Agriculture, APHIS, Plant Protection and Quarantine Permit Unit, 4700 River Road - Unit 136 Riverdale, MD 20737-1236 (the telephone number is 877-770-5990).

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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