CLA-2-94:OT:RR:NC:1:110
Mr. Paul Anuschat
Geo. S. Bush & Co., Inc.
P.O. Box 8829
Portland, OR 97208
RE: The tariff classification of candleholders from China and India.
Dear Mr. Anuschat:
In your letter dated June 25, 2010, you requested a tariff classification ruling on behalf of your client, Fred Meyer, Inc./The Kroger Co.
The merchandise under consideration are the HH Glass Tea Light Holder in Green, item number 01-0133B101-SOX1; the HD Crackle Glass Hurricane Pillar Holder, item number DC10-238; the 2010 Traditions HD Ball Shaped Candleholder, item number 91045; the Mosaic Glass Candleholder (Red), item number 07-6204A-G53J; and the Mosaic Glass Candleholder (Silver), item number 07-6204A-GS83. Samples were submitted with your ruling request and will be returned to you.
The HH Glass Tea Light Holder is from China. It is a small clear green tinted, thick-walled glass article measuring approximately 3 inches in diameter and 1 inch tall, and resembles a small bowl in shape. It features a round receptacle in the top center measuring approximately 1½ inches in diameter and ¾ of an inch deep. The bottom is flat for placement onto any flat surface. The dimensions of the receptacle are specifically designed for holding a tea light candle and providing light to the surrounding area.
The Cinnamon and Green HD Crackle Glass Hurricane Pillar Holder is from India. It is an open top glass article in the form of a hurricane style hour glass made of heavy translucent cinnamon and green crackle effect glass. This item measures approximately 5¾ inches high flaring outwards at the top and middle section to approximately 4 inches in diameter at its widest points. The inside bottom of the glass is fitted to stabilize a standard 3 inch diameter pillar style candle.
The 2010 Traditions HD Ball Shaped Candleholder is from China. This item is a two-piece article made of translucent red glass. It is a ball-shaped article measuring approximately 6 inches high with an outermost diameter of 5½ inches. The top of the ball protrudes upwards to approximately 1 inch with a round opening of 2¼ inches in diameter, and is designed specifically to support a removable glass insert made of the same material. The insert measures approximately 2 inches tall and 1¾ inches wide. The insert flares out at the top, preventing it from falling to the bottom of the ball, and is specifically fitted for a votive or tealight candle.
The applicable subheading for the HH Glass Tea Light Holder in Green, item number 01-0133B101-SOX1; the HD Crackle Glass Hurricane Pillar Holder, item number DC10-238; the 2010 Traditions HD Ball Shaped Candleholder, item number 91045, 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/.
Your inquiry does not provide enough information for us to give a classification ruling on the Mosaic Glass Candleholders (Red and Silver), which are small round glass articles measuring approximately 2½ inches tall and 3 inches in diameter. We need additional information in order to provide you with a classification. Your request for a classification ruling should include the following information:
There are no design features identifying these articles as non-electrical lamps or lighting fittings. The bottoms are convex and not conducive to holding or stabilizing a burning candle. Provide test results indicating whether these articles were tested to meet the requirements of a candle accessory under the ASTM standards for such articles.
With regards to the Mosaic Glass Candleholder (Red), item number 07-6204A-G53J, please also submit the following information:
Please indicate the precise manner in which this product is manufactured and colored.
Is the glass colored prior to solidification, merely painted on the surface or colored in another manner?
If colored prior to solidification, please indicate the precise chemical or mineral names of the sources of color (e.g., pigments or dyes) inserted into the glass prior to solidification. If colored in another manner, please describe this process.
Does the glass contain bubbles, seeds or stones?
Does the glass contain any fining agents (e.g., antimony and arsenic oxides, dioxides or trioxides) designed to stifle the formation of bubbles, seeds or stones? If so, please indicate the precise chemical or mineral names of these fining agents.
When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.
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,
Robert B. Swierupski
Director
National Commodity Specialist Division