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NY L85938




July 7, 2005

CLA-2-94:RR:NC:1:108 L85938

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

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

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

Dear Ms. Tymejczyk:

In your letter dated June 21, 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:
two cylindrical-shaped frosted-glass candleholders, style number C425187, which measure approximately 2 ½ inches in height by 2 inches in diameter and contain cylindrical candles. They also have matching candle rings of plastic beads and artificial foliage.
two cylindrical-shaped frosted-glass candleholders, style number C428816, which measure approximately 2 ½ inches in height by 2 inches in diameter and contain cylindrical candles. They also have matching candle rings of metal balls as well as artificial beads and foliage.
two cylindrical-shaped frosted-glass candleholders, style number C425299, which measure approximately 2 ½ inches in height by 2 inches in diameter and contain cylindrical candles. They also have matching candle rings of plastic red berries and beads as well as artificial foliage.
two cylindrical-shaped frosted-glass candleholders, style number C525260, which measure approximately 2 ½ inches in height by 2 inches in diameter and contain cylindrical candles. They also have matching candle rings of plastic red berries as well as artificial foliage.

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

The applicable subheading for these decorative candleholder sets 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.

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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