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 candle container from China.

Dear Ms. Robbins:

In your letter dated March 28, 2012, you requested a tariff classification ruling. A representative sample was submitted with your request and will be returned to you.

The product to be imported is referred to as the G38M Jar Candle Container. This square candle container is made from borosilicate glass and measures 80 mm x 80 mm x 80 mm. After importation, this article will be filled with candle wax and a wick at your U.S. manufacturing facility. A copy of a thermal shock test report indicating that the subject candle container meets the requirements of the American Society for Testing and Materials (ASTM) for candle containers.

The applicable subheading for the Jar Candle Container 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.

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