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April 26, 1999

CLA-2-95:RR:NC:SP:222 D89701

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500

Ms. Sheila Andrews
Dillard Department Stores, Inc.
11701 Otter Creek Road South
Mabelvale, AR 72103

RE: The tariff classification of a Christmas candle from China.

Dear Ms. Andrews:

In your letter dated March 22, 1999, you requested a tariff classification ruling.

The submitted sample is identified as style #927T2001HV. It is a 3-1/2 inch by 9 inch round pillar candle. The candle is decorated with a toy window scene consisting of decorated Christmas trees, various toys and the words “Merry Christmas” spelled out in children’s blocks.

The sample is returned as you requested.

The Department of Commerce (DOC) has determined that candles designed for use only in connection with the Christmas holiday are not within the scope of the antidumping duty order on petroleum-wax candles from the People’s Republic of China (PRC). In our opinion, this candle, specially designed for use only during the Christmas holiday season is not within the scope.

The applicable subheading for the Christmas candle will be 9505.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for...articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: other, other. The rate of duty will be free.

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 Alice Masterson at 212-637-7090.

Sincerely,

Robert B. Swierupski
Director,

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