The tariff classification of glass candleholder sets and candleholders from China.

NY G84423 December 14, 2000 CLA-2-94:RR:NC:2:227 G84423 CATEGORY: Classification TARIFF NO.: 9405.50.4000 Ms. Alice Liu Atico International USA, Inc. P.O. Box 14368 Ft. Lauderdale, FL 33302 RE: The tariff classification of glass candleholder sets and candleholders from China. Dear Ms. Liu: In your letter dated November 2, 2000, you requested a tariff classification ruling. The samples submitted consist of the following non-electrical glass lamps: a candleholder set, item number C05F-2054, which possesses a round-shaped transparent glass holder measuring approximately 2 ¾ inches high with an open top diameter of 3 inches and an interior base diameter of 1 ¾ inches. It features a crackle-like exterior and contains a scented votive candle measuring about 2 inches in height. a candleholder set, item number C05F-2055, which possesses a round-shaped frosted glass holder measuring approximately 2 ¾ inches high with an open top diameter of 3 inches and an interior base diameter of 1 ¾ inches. It features a leaf-like motif depicted in a transparent form on its frosted surface. It also contains a scented votive candle measuring about 2 inches in height. round-shaped glass candleholders, item numbers C29I-1251 and C29I-1252, which measure nearly 2 ¾ inches in height with an open top diameter of 3 inches and an interior base diameter of 1 ¾ inches. Item number C29I-1251 features a crackle-like transparent exterior, while item number C29I-1252 has a leaf-like motif depicted in a transparent form on a frosted surface. It has been found, in regard to the candleholder sets, that the essential character of the sets is imparted by the glass candleholders. The applicable subheading for the glass candleholder sets and candleholders 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 Department of Commerce has determined that candles in the following shapes: tapers, spirals, straight-sided dinner candles; rounds, columns, pillars, votives; and various wax-filled containers are subject to the Antidumping Act on petroleum-wax candles from China. In our opinion, the candles included in the above sets are 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 212-637-7073. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division