United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1999 NY Rulings > NY E83712 - NY E83757 > NY E83722

Previous Ruling Next Ruling


June 30, 1999

CLA-2-34:RR:NC:SP:236 E83722

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000; 9505.10.2500

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of candles from China.

Dear Ms. Aldinger:

In your letter dated June 18, 1999, you request a tariff classification ruling.

You submit two samples described below:

1. Rite Aid Item #992143 “Pillar Glow Candle Santa/Fir Trees” is a white candle poured into a pillar shape wax container decorated with a winter scene of falling snow, snow covered hills, fir trees and multiple depictions of Santa Claus. The decorations cannot be removed without damage to the container. The sample measures 6" in height and 3" in diameter and will also be imported in three other styles: “Pillar Glow Candle Holly Leaves/Berries”; “Pillar Glow Candle Poinsettia”; and “Pillar Glow Candle Snowman.”

2. Rite Aid Item #992144 “Circular Glow Candle Holly Leaves/Berries” is a white candle molded in the shape of a sphere and is decorated with holly leaves and berries. The candle measures 4" in diameter and rests on a three prong metal stand. The candle will also be imported in five other styles: “Circular Glow Candle Snowman”; “Circular Glow Candle Poinsettia”; “Circular Glow Candle Snowflake”; “Circular Glow Candle Star”; and “Circular Glow Candle Red/Green Berry Design.”

The applicable subheading for the Rite Aid Item #992143 “Pillar Glow Candle Snowman,” and Rite Aid Item #992144 “Circular Glow Candle Snowman,” “Circular Glow Candle Snowflake,” “Circular Glow Candle Star,” and “Circular Glow Candle Red/Green Berry Design” will be 3406.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Candles, tapers and the like. The rate of duty will be Free.

The applicable subheading for the Rite Aid Item #992143 “Pillar Glow Candle Santa/Fir Trees,” “Pillar Glow Candle Holly Leaves/Berries,” “Pillar Glow Candle Poinsettia,” and Rite Aid Item #992144 “Circular Glow Candle Holly Leaves/Berries,” and “Circular Glow Candle Poinsettia,” will be 9505.10.2500, 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, a number, or a sphere, and candles designed solely for use in connection with the Christmas holiday, are not within the scope of the antidumping duty order. In our opinion, the Rite Aid Item #992143 “Pillar Glow Candle Snowman,” and “Pillar Glow Candle Poinsettia,” are within the scope of the antidumping duty order. The Rite Aid Item #992143 “Pillar Glow Candle Santa/Fir Trees” and “Pillar Glow Candle Holly Leaves/Berries” and Rite Aid Item #992144 “Circular Glow Candle Holly Leaves/Berries,” “Circular Glow Candle Snowman,” “Circular Glow Candle Poinsettia,” “Circular Glow Candle Snowflake,” “Circular Glow Candle Star” and “Circular Glow Candle Red/Green Berry Design” are not within the scope of the antidumping duty order.

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 V. Gualario at 212-637-7062.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling

See also: