CLA-2-94:OT:RR:NC:1:110
Ms. Donna Robbins
PartyLite Worldwide, Inc.
59 Armstrong Road
Plymouth, MA 02360
RE: The tariff classification of a glass candle container from China.
Dear Ms. Robbins:
In your letter dated December 9, 2011 you requested a tariff classification ruling.
The item under consideration is the G29 Zodiac Jar Candle Holder. A sample of the items in its imported condition and a complete filled candle were submitted with your ruling request and will be returned to you.
The Zodiac Jar Candle Holder is a round cup-like glass container measuring approximately 3 inches high with an outside diameter of 3 inches at its widest point. The top opening of the glass is 2½ inches. The glass container is made of transparent glass with a Zodiac design. The glass container or vessel is designed for the production of a filled candle. A filled candle, as defined by the American Society for Testing and Materials (ASTM), is a candle produced and used within the same vessel. As imported, the candle holder is a disposable vessel made of thin glass. From the information that you have provided, upon importation to the United States, your company will fill the vessel with wax and a wick, package the filled candle for retail sale with the necessary cautionary labeling and burn safety instructions. You also provide successful test results indicating that the import is in compliance with ASTM standards (F2179) for glass containers that are produced for use as filled candles.
The applicable subheading for the G29 Zodiac Jar Candle Holder will be 9405.50.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Lamps and lighting fittings…: Non-electrical lamps and lighting fittings: Other: Other.” The general rate of duty will be 6 percent ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
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 Thomas Campanelli at (646) 733-3016.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division