The tariff classification of a wax candleholder with a votive candle from China.

NY D81365 September 1, 1998 CLA-2-94:RR:NC:2:227 D81365 CATEGORY: Classification TARIFF NO.: 9405.50.4000 Mr. Charles Tremonti Market Resources 27 Homesteader Lane West Haven, CT 06516 RE: The tariff classification of a wax candleholder with a votive candle from China. Dear Mr. Tremonti: In your letter dated August 14, 1998, you requested a tariff classification ruling. The sample submitted consists of a six-sided candleholder made of wax and a votive candle. The candleholder measures approximately 4 inches in height and has an open top diameter of 3 1/2 inches. The votive candle sits in a hollowed out portion of the candleholder base. The subject article is packed ready for sale at retail as a set with the essential charcter imparted by the candleholder. The applicable subheading for this candleholder and candle set will be 9405.50.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other non-electrical lamps and lighting fittings. The rate of duty will be 6.3 percent ad valorem. The Department of Commerce (DOC) has determined that petroleum wax candles in the following shapes: tapers, spirals and straight-sided dinner candles; rounds, columns, pillars, votives; and various wax-filled containers are within the scope of the antidumping duty order on petroleum wax candles from China. In our opinion, the subject votive candle is within the scope of the antidumping duty order. 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 George Kalkines at 212-466-5794. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division