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June 28, 1999

CLA?2?94:RR:NC:2:227 E83390

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Ms. Lynda L. Stickney
Pier 1 Imports (U.S.), Inc.
Int’l. Transportation Dept.
P.O. Box 961020
Fort Worth, TX 76161-0020

RE: The tariff classification of candle holder sets from China.

Dear Ms. Stickney:

In your letter dated June 9, 1999, you requested a tariff classification ruling.

The subject merchandise, based on the photos submitted, consists of the following metal candle holder sets:
a) item number SKU 1813588, which is an oblong-shaped candle holder that measures about 11 ¼ by 3 3/8 by 2 ¼ inches. It is designed to contain 6 tealight candles.
b) item number SKU 1813575, which is an oblong-shaped candle holder that measures approximately 15 ¾ by 3 3/8 by 2 ¼ inches. It is designed to contain 9 tealight candles.
c) item number SKU 1813562, which is an oblong-shaped candle holder that measures about 12 ½ by 5 by 3 ¾ inches. It is designed to hold 3 candles poured into frosted cylindrical-shaped glass containers.

It has been determined that the metal candle holders impart the essential character of these sets.

The applicable subheading for these candle holder sets will be 9405.50.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other non-electrical lamps and lighting fittingsother. 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 tealight candles and the candles with their frosted glass containers 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,

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