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NY C88934

July 9, 1998

CLA-2-36:RR:NC:N2:237 C88934


TARIFF NO: 3604.10.9010

Mary E. Keller

The A.W. Fenton Company, Inc.

1452 Donaldson Road

P.O. Box 75029

Cincinnati, Ohio 45275-0029

RE: The classification of a novelty fireworks item called "Sparkling Tree" from China.

Dear Ms. Keller:

In your letter dated May 7, 1998 you requested a tariff classification ruling on behalf of Celebration Fireworks II, Inc. of Indianapolis, Indiana.

The "Sparkling Tree" is described as having a base enclosed in cardboard with five metal spikes, measuring 6-7 inches long, protruding from the base to form the "tree". The top end of each spike is coated with approximately three inches of ignition/ sparkling material, then the entire spike is wrapped in colored paper with a gold plastic ribbon accent. When ignited, the effect is similar to a sparkler in that it emits bright sparks. The item is designed to be placed on the ground and then ignited. It is not designed to be held in the hand.

The applicable subheading for the novelty firework called "Sparkling Tree" will be 3604.10.9010 Harmonized Tariff Schedule of the United States (HTSUS), which provides for Fireworks: Other: Class 1.4G (Class C). The rate of duty is 5.3 percent
ad valorem.

It is the opinion of this office that the instant merchandise would be subject to anti-dumping (ADA) margins under the current Department of Commerce ADA findings on Sparklers from the China, as published in the Federal Register on July 30, 1996. Please contact your local port for the specific case numbers and percentages for each case. If you desire a scope determination on the applicability of anti-dumping duty to your product, please write directly to:

Office of Antidumping Compliance

International Trade Administration

U.S. Department of Commerce

14th Street and Constitution Avenue, N.W.

Washington, DC 20230

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 F. Cantone at 212-



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