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NY L85939




July 7, 2005

CLA-2-94:RR:NC:1:108 L85939

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 are candleholder sets that consist of the following:
a cylindrical-shaped frosted-glass candleholder, style number C426209, which measures approximately 2 ½ inches in height by 2 inches in diameter and contains a cylindrical candle. It also has a candle ring of artificial foliage and beads.
a cylindrical-shaped frosted-glass candleholder, style number C525258, which measures approximately 2 ½ inches in height by 2 inches in diameter and contains a cylindrical candle. It also has a candle ring of artificial red berries and foliage.
a cylindrical-shaped frosted-glass candleholder, style number C426939, which measures approximately 2 ½ inches in height by 2 inches in diameter and contains a cylindrical candle. It also has a candle ring that is made up of such natural products as pinecones.

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.

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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