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June 10, 1999

CLA-2-95:RR:NC:SP:222 E82977

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500

Ms. Sharon Wong
Premier Candle Corporation
1255 Fewster Drive
Mississauga, ON L4W 1A3
Canada

RE: The tariff classification of candles from China.

Dear Ms. Wong:

In your letter dated June 1, 1999, you request a tariff classification ruling.

You submit three candles described below:

1. Item # NX861B Vertical Striped Ornament Ball Candle is an unscented paraffin wax candle molded in the shape of a ball ornament hung from a Christmas tree. The candle has gold and white colored vertical stripes and measures approximately 3" in diameter. The candle is packaged in a polybag with a gold tie.

2. Item # NX820M Metallic Swirl Ball Candle (Ornament) is an unscented paraffin wax candle molded in the shape of a ball ornament hung from a Christmas tree. The candle has a multi colored swirl pattern design and measures approximately 3-1/2" in diameter. The candle is packaged in a polybag with a gold tie.

3. Item # NX825M Metallic Ornament Ball With Stripes is an unscented paraffin wax candle molded in the shape of a ball ornament hung from a Christmas tree. The candle is gray colored with green, red and blue colored vertical stripes. The candle measures approximately 3-1/2" in diameter and is packaged in a polybag with a silver tie.

The applicable subheading for the above described samples will be 9505.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for Festive...Articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: Other: Other. The rate of duty will be Free.

The Department of Commerce (DOC) has determined that petroleum wax candles in the following shapes: tapers, spirals, and straight?sided dinner candles; rounds, columns, pillars, votives; and various wax?filled containers are within the scope of the antidumping duty order on petroleum wax candles from China. In addition, the DOC has determined that candles molded in the form of certain identifiable objects, such as an animal or a number, and novelty candles designed solely for use in connection with a holiday or special event are not within the scope of the antidumping duty order. In our opinion, the submitted samples are not within the scope of the antidumping duty order on petroleum?wax candles from China.

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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